An v. Despins
- Valerie Caproni
- 1:22-cv-10062
- U.S. District Court · Southern District of New York
- 1
In An v. Despins, Judge Caproni ordered the parties to explain why the case should not be stayed during an appeal.
The plaintiffs and defendants were ordered to explain why the case should not be stayed while the appeal was pending.
What happened
In An v. Despins, the plaintiffs appealed an earlier order that dismissed their case and imposed sanctions against them.
The court had not yet decided whether to pause the case while the appeal was pending. Instead, it required the parties to explain why a stay should not be entered.
Judge Valerie Caproni ordered the parties to show cause by September 11, 2023, why the case should not be stayed until the appeal was resolved.
The detailed version
- An v. Despins · No. 1:22-cv-10062
- Valerie Caproni
- Sept. 5, 2023
Background
The plaintiffs filed a notice of appeal on September 1, 2023. The appeal challenged an earlier court order that granted the defendants’ motion to dismiss and imposed sanctions. The opinion does not provide further details about the dismissed claims or the sanctions.
Order
The court ordered the parties to show cause—meaning to explain—by September 11, 2023, why the case should not be stayed while the appeal was resolved. The court cited a Second Circuit decision stating that parties may appeal a dispositive order before the district court determines the amount of fees and costs to be awarded.
The order did not itself stay the case. It required the parties to address whether a stay should be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.