Tobias Bermudez Chavez, et al. v. Occidental Chemical Corp., No. 1:2017cv03459 - Document 203 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 196 MOTION for Judgment on the Pleadings filed by Occidental Chemical Corporation. For the foregoing reasons, the Court denies Occidental's motion for judgment on the pleadings. The Clerk of Court is res pectfully directed to close the motion pending at Dkt. 196. The Court also lifts the stay imposed by this Court's June 12, 2017 order. See Dkt. 188. Within 10 business days of this order's issuance, Occidental shall file a letter via EC F stating whether it has moved before the Second Circuit for leave to appeal. If Occidental so moves, the Court will stay this matter in its entirety pending resolution of the appeal. If Occidental does not pursue an interlocutory appeal, the Court will issue an order directing the parties to confer and propose a joint schedule going forward. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/10/2018) (anc)