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S.D.N.Y.Procedural orderFiled Jan. 30, 2020

Thorne v. Tory Burch LLC

Judge
Lewis Liman
Docket
1:19-cv-10403
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscoveryMotion to Dismiss
In one sentence

In Thorne v. Tory Burch LLC, Judge Liman granted a request to postpone the initial conference and stay discovery pending a motion to dismiss.

Who this affects

Plaintiff Braulio Thorne and defendant Tory Burch LLC; the order postponed their initial conference and stayed discovery pending the motion to dismiss.

What happened

In Thorne v. Tory Burch LLC, the parties jointly asked to postpone the initial conference and pause discovery while Tory Burch LLC’s motion to dismiss was pending.

The court granted the application. If any claims remained after the court decided the motion to dismiss, the parties had to file a joint letter proposing dates for an initial pretrial conference within seven days of that decision.

Judge Liman’s January 30, 2020 order addressed scheduling and discovery only; it did not decide the motion to dismiss or the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Thorne v. Tory Burch LLC · No. 1:19-cv-10403
Judge
Lewis Liman
Date
Jan. 30, 2020

Background

Tory Burch LLC had filed a motion to dismiss on January 28, 2020. Plaintiff Braulio Thorne and Tory Burch LLC jointly asked the court to postpone the initial conference, which was scheduled for February 10, 2020, and to stay discovery while the motion to dismiss was pending. They stated that the motion could dispose of all claims or affect the scope of discovery if claims remained.

Ruling

The court granted the application. Within seven days after the court decided the motion to dismiss, if any claims remained, the parties were required to file a joint letter proposing dates for an initial pretrial conference. The order did not rule on the motion to dismiss or the merits of the claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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