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S.D.N.Y.Procedural orderFiled June 1, 2020

Calcano v. Gamestop Corp.

Judge
Andrew Carter
Docket
1:19-cv-09814
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Calcano v. Gamestop Corp., Judge Carter denied the parties’ joint request to stay the case and set deadlines for a motion to dismiss.

Who this affects

The plaintiffs and Gamestop Corp.; the case was required to proceed toward briefing on Gamestop’s motion to dismiss rather than being paused.

What happened

Marcos Calcano and other similarly situated plaintiffs sued Gamestop Corp. The parties jointly asked the court to pause the case while an appeal in Dominguez v. Banana Republic was resolved.

The court denied that request. It ordered the parties to proceed with briefing on Gamestop’s motion to dismiss, with deadlines of June 12, June 26, and July 3, 2020, for the moving brief, opposition, and reply.

Judge Andrew L. Carter, Jr. issued the order on June 1, 2020. The order addressed only the request to pause the case and the briefing schedule; it did not decide the motion to dismiss.

The detailed version

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

Case
Calcano v. Gamestop Corp. · No. 1:19-cv-09814
Judge
Andrew Carter
Date
June 1, 2020

Background

Marcos Calcano brought this action on behalf of himself and other people described as similarly situated against Gamestop Corp. The parties jointly asked the court to stay, or pause, the action while an appeal in Dominguez v. Banana Republic, No. 19-CV-10171, was resolved.

Ruling

The court denied the parties’ joint request to stay the action. It ordered the parties to proceed with briefing on Gamestop’s motion to dismiss according to this schedule:

- Defendant’s moving brief: June 12, 2020 - Plaintiff’s opposition: June 26, 2020 - Defendant’s reply: July 3, 2020

The order set the schedule but did not decide Gamestop’s motion to dismiss. Judge Andrew L. Carter, Jr. signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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