Degroat v. Werfen USA, LLC
- Kenneth Karas
- 7:23-cv-07490
- U.S. District Court · Southern District of New York
- 2
In Degroat v. Werfen USA, LLC, Judge Karas granted extensions for both sides’ filings on a motion to dismiss or stay.
The plaintiff and defendant in the action; the order changed both parties’ briefing deadlines.
What happened
In Degroat v. Werfen USA, LLC, the plaintiff asked for more time to respond to the defendant’s motion to dismiss the case or pause it. The dispute involves alleged violations of New York Labor Law § 191.
The plaintiff requested an extension because a new New York appellate decision addressed the central legal issues in the motion and required additional research and briefing. The defendant consented to the request.
Judge Kenneth M. Karas granted the request. The plaintiff’s response deadline moved from January 22, 2024, to February 5, 2024, and the defendant’s reply deadline moved from February 13, 2024, to February 27, 2024.
The detailed version
- Degroat v. Werfen USA, LLC · No. 7:23-cv-07490
- Kenneth Karas
- Jan. 19, 2024
Background
The filing concerns the plaintiff’s second request for additional time to submit papers in response to the defendant’s motion to dismiss the complaint or stay the action. The complaint alleges violations of New York Labor Law § 191. The defendant also filed a motion asking the court to take judicial notice of certain documents.
The plaintiff said that a newly issued New York Appellate Division decision addressed the main legal issues raised by the defendant’s motion and disagreed with an earlier appellate decision. The plaintiff requested time to revise substantial portions of the response and conduct additional legal research. The request stated that the defendant consented.
Ruling
Judge Kenneth M. Karas granted the request. The deadline for the plaintiff’s opposition papers moved from January 22, 2024, to February 5, 2024. The deadline for the defendant’s reply papers moved from February 13, 2024, to February 27, 2024. The provided text does not show a ruling on the motion to dismiss, the motion to stay, or the request for judicial notice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.