Lixenberg v. Complex Media, Inc.
- Ronnie Abrams
- 1:22-cv-00354
- U.S. District Court · Southern District of New York
- 2
In Lixenberg v. Complex Media, Judge Abrams stayed the defendants’ motion to dismiss while a similar case remains on appeal.
Dana Ruth Lixenberg, Complex Media, Inc., and Does 1-10; the court paused the action and the pending motion to dismiss until further order.
What happened
In Lixenberg v. Complex Media, Inc., Complex Media, Inc. and Does 1-10 asked the court to dismiss Dana Ruth Lixenberg’s Second Amended Complaint. The opinion does not describe the underlying claims.
The court stayed the motion because a similar case, Michael Grecco Productions, Inc. v. RADesign, Inc., is pending on appeal in the Second Circuit. The court said that waiting for proceedings that bear on the case can be appropriate.
Judge Ronnie Abrams directed the Clerk of Court to stay the action until the court issues a further order. The court did not decide the motion to dismiss.
The detailed version
- Lixenberg v. Complex Media, Inc. · No. 1:22-cv-00354
- Ronnie Abrams
- Nov. 28, 2023
Background
Dana Ruth Lixenberg sued Complex Media, Inc. and Does 1-10. The defendants filed a motion to dismiss Lixenberg’s Second Amended Complaint. The opinion does not state the claims or the arguments made in that motion.
Reason for the Stay
The court stayed the motion to dismiss while the Second Circuit considers an appeal in Michael Grecco Productions, Inc. v. RADesign, Inc., a case the court found similar to this one. The court explained that a court may pause proceedings while another proceeding that bears on the case is resolved, even if the other proceeding will not necessarily control the outcome. The court also relied on its authority to manage its docket efficiently.
Ruling
Judge Ronnie Abrams ordered that the action be stayed pending a further order from the court. The order did not grant or deny the motion to dismiss and did not resolve the merits of Lixenberg’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.