Alexsam, Inc. v. American Express Travel Related Services Company Inc
- Alvin Hellerstein
- 1:21-cv-08116
- U.S. District Court · Southern District of New York
- 1
In Alexsam v. American Express, Judge Hellerstein lifted the stay and ordered briefing to continue on American Express’s summary-judgment motion.
Alexsam, Inc. and American Express Travel Related Services Company Inc.; the case proceeds with briefing on American Express’s previously filed summary-judgment motion.
What happened
In Alexsam, Inc. v. American Express Travel Related Services Company Inc., the court said the appeal had been decided and lifted the stay that had paused the case.
Alexsam argued that the stay should continue while the Federal Circuit considered requests for rehearing. The court concluded that Alexsam’s additional arguments could be addressed in briefing on American Express’s previously filed motion for summary judgment.
Judge Hellerstein ordered the case to continue. Alexsam’s opposition brief is due June 28, 2024, and American Express’s reply is due July 12, 2024; the court did not decide the summary-judgment motion in this order.
The detailed version
- Alexsam, Inc. v. American Express Travel Related Services Company Inc · No. 1:21-cv-08116
- Alvin Hellerstein
- May 17, 2024
Background
The case had been stayed while related appeals were pending. The opinion states that the appeals had been decided, citing Federal Circuit decisions issued April 1, 2024.
Arguments and Analysis
Alexsam argued that the stay should remain in place until the Federal Circuit resolved motions for rehearing and rehearing en banc. The court concluded that Alexsam’s objections to moving forward were based on additional arguments that could be addressed through briefing on American Express’s previously filed motion for summary judgment. A summary-judgment motion asks the court to decide whether the case can be resolved without a trial based on the record and applicable law; this order did not decide that motion’s merits.
Ruling
The court lifted the stay and ordered the case to continue with briefing on American Express’s motion for summary judgment, identified as ECF No. 40. Alexsam’s opposition was due June 28, 2024, and American Express’s reply was due July 12, 2024. Judge Alvin K. Hellerstein did not rule on the summary-judgment motion itself.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.