Opinion

Stevens v. Live Nation Entertainment, Inc.

Court
District Court, S.D. New York
Filed
Aug 5, 2024
Cited by
0 cases
Authority
More cited than 31.7%

noting that “considerations of judicial economy counsel, as a general matter, against investment of court resources in proceedings that may prove to have been unnecessary”

How later courts described this case

  • noting that “considerations of judicial economy counsel, as a general matter, against investment of court resources in proceedings that may prove to have been unnecessary”
  • “[A] district court possesses inherent authority to control the disposition of the causes on its docket and has power to stay an action as an incident of that authority[.]’”

Written by the judges who cited it.

The opinion

San Francisco, California 94111-6538

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AT H A M aWAT K | N S LLP seein ee en

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August 2, 2024 Chicago Riyadh

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The Honorable Arun Subramanian HongKong _—- Singapore

United States District Court Houston Tel Aviv

Southern District of New York ho anoles ‘hechington Dc

Daniel Patrick Moynihan United States Courthouse Madrid

500 Pearl Street, Courtroom 15A

New York, NY 10007-1312

Re: =‘ Leifer v. Live Nation Entertainment, Inc. et al., Case No. 1:24-cv-03994-AS-SLC and

Stevens y. Live Nation Entertainment, Inc. et al, Case No. 1:24-cv-04106-AS-SLC:

Defendants’ Unopposed Letter-Motion to Stay Upcoming Deadlines

Dear Judge Subramanian:

Pursuant to Rule 3.E. of Your Honor’s Individual Practices in Civil Cases, Defendants Live

Nation Entertainment, Inc. and Ticketmaster L.L.C. (together, ““Defendants”) respectfully request

that the Court stay all upcoming deadlines in the above-captioned related cases in light of a

forthcoming motion to consolidate them. Plaintiff Abraham Leifer and Plaintiff Tamara Stevens

have indicated that they do not oppose this motion.

In support of this request, Defendants state as follows:

Plaintiff Leifer filed his complaint on May 23, 2024. Leifer ECF No. 1. On June 18, 2024,

Defendants filed a Letter Motion for Extension of Time to File a Responsive Pleading or Motion

in Response to the Class Action Complaint. Leifer ECF No. 15. The Court granted that Letter

Motion on June 20, 2024, extending Defendants’ deadline to respond or move in response by 45

days, to August 9, 2024. Leifer ECF No. 19. The same order also provided for an extended

briefing schedule, allowing 45 days for Plaintiff to respond to any motion in response to the

complaint (or motion to compel arbitration) and providing 21 days after that for Defendants to file

areply. /d. This is the only prior adjournment or extension sought or granted in this case.

Plaintiff Stevens filed her complaint on May 29, 2024 and identified her case as related to

Leifer. Stevens ECF Nos. 1,3. Defendants agreed to waive service of the complaint, and responses

to the complaint are currently due on September 6, 2024. Stevens ECF Nos. 13, 14. The parties

have not sought any adjournments or extensions of time.

The parties in both cases are scheduled to appear before the Court for an Initial Pretrial

Conference on September 6, 2024 at 11:00 AM.

Page 2

On July 23, 2024, counsel for Defendants learned from counsel for plaintiff in Stevens that

plaintiff Stevens intends to move for appointment of interim class counsel and to consolidate the

Leifer and Stevens cases. Counsel for Defendants indicated that Defendants would not oppose

consolidation provided that plaintiffs in Stevens and Leifer agreed that (1) any motion to compel

arbitration of plaintiffs’ claims will be due 60 days after the filing of a consolidated complaint

(provided, however, that if the consolidated complaint adds additional named plaintiffs, then the

parties will meet and confer on an appropriate deadline for the motion to compel arbitration), and

(2) any motion to dismiss or answer will be due 60 days after any ruling on the motion to compel

arbitration. Plaintiffs in both Leifer and Stevens agreed to this proposed schedule, and have noted

that they anticipate filing the motion for consolidation by August 16, 2024.

By staying upcoming deadlines until after the resolution of the forthcoming consolidation

motion, the Court would save the parties significant expense and promote judicial economy. It

would be inefficient to engage in pleadings motion practice before consolidation is resolved.

Courts have broad authority to control their dockets and Courts in this district often recognize the

important role of judicial economy in guiding similar decisions regarding stays and extensions.

See Sutherland v. Ernst & Young LLP, 856 F. Supp. 2d 638, 644 (S.D.N.Y. 2012) (noting that

“considerations of judicial economy counsel, as a general matter, against investment of court

resources in proceedings that may prove to have been unnecessary”); see also Range v. 480-486

Broadway, LLC, 810 F.3d 108, 113 (2d Cir. 2015) (“[A] district court possesses inherent authority

to control the disposition of the causes on its docket and has power to stay an action as an incident

of that authority[.]’”) (citation and quotations omitted).

The parties in both of the above-captioned cases have agreed to stay all upcoming deadlines

in this case pending consolidation, and neither party will be prejudiced by a stay. Accordingly,

Defendants respectfully request that the Court stay all upcoming deadlines in these cases pending

the forthcoming motion to consolidate.

Respectfully submitted,

By: /s/ Timothy L. O’Mara

Timothy L. O’Mara (pro hac vice pending)

Lead Trial Counsel

Of LATHAM & WATKINS LLP

Attorneys for Defendants Live Nation

Entertainment, Inc. and Ticketmaster L.L.C.

ce: All Counsel of Record (via ECF)

Application GRANTED. Plaintiff should file their motion to consolidate by August 16, 2024,

and the Court will adopt the parties’ proposed deadlines. The initial pretrial conference is

adjourned sine die. The Clerk of Court is directed to terminate the motion at ECF No. 19.

SO ORDERED.

Arun Subramanian, U.S.D.J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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