Rite Aid of NY, Inc. v. 1199SEIU United HealthCare Workers East, No. 1:2016cv01821 - Document 45 (S.D.N.Y. 2020)

Court Description: ORDER: On September 29, 2016, Rite Aid filed a notice of appeal in 16 Civ. 1821 from this Court's Opinion and Order of September 1, 2016. Doc. 38.1 On October 3, 2016, the Court stayed its consideration of the fee application of United Healthcare Workers East pending that appeal. Doc. 41. On January 11, 2017, this Court stayed two related actions pending the determination of that appeal: 16 Civ. 8646 and 16 Civ. 10040. The Second Circuit affirmed the Court' s Order of September 2016 in a Mandate received by the Court on September 14, 2017. Doc. 43. On April 22, 2020, the parties stipulated to the dismissal of one of the related actions. 16 Civ. 8646, Doc. 15. Two related cases, 16 Civ. 1821 and 16 Civ. 10040, remain open. Accordingly, the parties are directed to file a joint status report in both 16 Civ. 8646 and 16 Civ. 10040 by November 1, 2020. Failure to comply with this order may lead to sanctions up to and including dismissal for failure to prosecute. Fed. R. Civ. P. 41(b). (Signed by Judge Edgardo Ramos on 10/2/2020) (mro)

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Rite Aid of NY, Inc. v. 1199SEIU United HealthCare Workers East Doc. 45 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ORDER RITE AID OF NY, INC., Petitioner, – against – 16 Civ. 1821 (ER) 1199 SEIU UNITED HEALTHCARE WORKERS EAST, Respondent. 1199 SEIU UNITED HEALTHCARE WORKERS EAST, Petitioner, 16 Civ. 10040 (ER) – against – RITE AID OF NEW YORK, INC., Respondent. RAMOS, D.J.: On September 29, 2016, Rite Aid led a notice of appeal in 16 Civ. 1821 from this Court's Opinion and Order of September 1, 2016. Doc. 38. 1 On October 3, 2016, the Court stayed its consideration of the fee application of United Healthcare Workers East pending that appeal. Doc. 41. On January 11, 2017, this Court stayed two related actions pending the determination of that appeal: 16 Civ. 8646 and 16 Civ. 10040. e Second Circuit a rmed the Court's Order of September 2016 in a Mandate received by the Court on September 14, 2017. Doc. 43. On Apirl 22, 2020, the parties stipulated to the 1 All references are to the docket of 16 Civ. 1821, unless otherwise noted. Dockets.Justia.com dismissal of one of the related actions. 16 Civ. 8646, Doc. 15. Two related cases, 16 Civ. 1821 and 16 Civ. 10040, remain open. Accordingly, the parties are directed to le a joint status report in both 16 Civ. 8646 and 16 Civ. 10040 by November 1, 2020. Failure to comply with this order may lead to sanctions up to and including dismissal for failure to prosecute. Fed. R. Civ. P. 41(b). It is SO ORDERED. Dated: October 2, 2020 New York, New York EDGARDO RAMOS, U.S.D.J. 2

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