In re Fyre Festival Litigation, No. 1:2017cv03296 - Document 134 (S.D.N.Y. 2021)

Court Description: ORDER: In an Opinion and Order of December 1, 2020, the Court denied class certification and ordered an evidentiary hearing to determine if the entry of a default judgment against defendant Billy McFarland is proper as to the fraud claims of the named plaintiffs. (Docs 124, 131.) In their proposed witness list for the hearing, plaintiffs inform the Court that they have appealed the Opinion and Order, and ask the Court to stay the proceeding on the requested default judgment. The Court will stay the proceeding until after the petition under Rule 23(f), Fed. R. Civ. P. is adjudicated, and if granted, until ten days after the later of when the appeal is decided or the mandate is issued from the Court of Appeals. (Signed by Judge P. Kevin Castel on 4/29/2021) (nb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x IN RE: FYRE FESTIVAL LITIGATION 17-cv-3296 (PKC) ORDER -----------------------------------------------------------x CASTEL, U.S.D.J. In an Opinion and Order of December 1, 2020, the Court denied class certification and ordered an evidentiary hearing to determine if the entry of a default judgment against defendant Billy McFarland is proper as to the fraud claims of the named plaintiffs. (Docs 124, 131.) In their proposed witness list for the hearing, plaintiffs inform the Court that they have appealed the Opinion and Order, and ask the Court to stay the proceeding on the requested default judgment. The Court will stay the proceeding until after the petition under Rule 23(f), Fed. R. Civ. P. is adjudicated, and if granted, until ten days after the later of when the appeal is decided or the mandate is issued from the Court of Appeals. SO ORDERED. Dated: New York, New York April 29, 2021

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