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S.D.N.Y.Procedural orderFiled Aug. 30, 2023

Rennie v. Go New York Tours Inc.

Judge
Vernon Broderick
Docket
1:23-cv-05226
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Rennie v. Go New York Tours, Judge Broderick denied a protective-order motion and denied sanctions as premature.

Who this affects

David Rennie and Go New York Tours

What happened

In Rennie v. Go New York Tours Inc., David Rennie asked the court for a protective order and sanctions related to the removal of his case to federal court. His motion to send the case back remained pending.

The court denied the protective-order motion because it was essentially the same as one Rennie had made in an earlier related proceeding, which the court had denied for lacking a legal basis.

Judge Vernon S. Broderick also denied the sanctions motion as premature, explaining that deciding it would require the court to prejudge the separate removal issue. The clerk was directed to close the two motions and mail Rennie a copy of the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Rennie v. Go New York Tours Inc. · No. 1:23-cv-05226
Judge
Vernon Broderick
Date
Aug. 30, 2023

Background

David Rennie moved for a protective order under Document 9 and for sanctions against Go New York Tours under Document 8. The sanctions motion concerned Go New York Tours's removal of the case to federal court. Rennie's motion to remand—asking the court to return the case—remained pending when the court issued this order.

Protective-Order Motion

The court denied Rennie's motion for a protective order. The court stated that Rennie had made functionally the same motion in an earlier related proceeding and that the first two pages of the motions appeared substantially identical. In that earlier proceeding, the court had denied the protective-order motion for lacking any basis in law. The court denied the motion in this case for the same reason.

Sanctions Motion

The court denied Rennie's sanctions motion as premature. It explained that courts frequently deny sanctions motions as premature when deciding them would require the court to prejudge the merits of a separate motion or a party's legal arguments. The court applied that reasoning to Rennie's request for sanctions concerning the removal issue.

Disposition

The court denied the protective-order motion and denied the sanctions motion as premature. The clerk was directed to close the motions at Documents 8 and 9 and mail Rennie a copy of the order. The order did not resolve Rennie's pending motion to remand.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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