Kolomiichuk v. Town Sports International Holdings, Inc. et al
| Mykola Kolomiichuk |
| Town Sports International Holdings, Inc. and Town Sports International, LLC. |
| 7:2018cv01223 |
| February 12, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
83
ORDER denying without prejudice 54 Motion for Summary Judgment; denying without prejudice 60 Motion to Certify Class. In light of Defendants' recent bankruptcy petitions, Defendants' Motion for Summary Judgment, (see Not. Of Defs.& #039; Mot. (Dkt. No.54)), and Plaintiffs Motion for Class Certification, (see Not. Of Pl.'s Mot. (Dkt. No. 60)), are denied without prejudice. The Parties may renew their motions once the automatic stay is lifted. The Clerk of Court is respectfully directed to terminate the pending motions, (Dkt. Nos. 54, 60), and stay this case. (And as further set forth herein.) SO ORDERED.. (Signed by Judge Kenneth M. Karas on 9/28/2020) (jca)
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Filing
79
ORDER: Accordingly, because the Court has an independent obligation to ensure its jurisdiction, see Durant, Nichols, Houston, Hodgson & Cortese-Costa PC. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009) ("If subject matter jurisdiction is lacking a nd no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte. "), the Parties are directed to submit supplementary letter briefs by July 20, 2020 at 5 p.m., not to exceed five pages, addressing the following questions: I. Whether this case should, at this stage of the proceedings, be dismissed for lack of jurisdiction; 2. Whether, if the Court determines that Plaintiff cannot adequately represent the proposed non-New York classes, the case must then be dismissed for lack of jurisdiction. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/13/2020) (jca)
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