Calcano v. Best Buy Co., Inc.
- Paul Gardephe
- 1:19-cv-11467
- U.S. District Court · Southern District of New York
- 2
In Calcano v. Best Buy, Magistrate Judge Wang granted the parties’ request to stay the case pending related appeals.
Marcos Calcano and Best Buy Co., Inc.; the case is paused until the related appeals are resolved.
What happened
In Calcano v. Best Buy Co., Inc., the parties jointly asked the court to pause the case while related appeals were decided. The dispute concerns claims that disability law requires retailers to provide Braille gift cards.
The parties said the related appeals could affect Best Buy’s pending request to dismiss the amended complaint. Those appeals arose from two other cases involving similar claims.
Magistrate Judge Ona T. Wang granted the request, stayed the case, and directed the parties to file a joint status letter within seven days after the appeals are resolved.
The detailed version
- Calcano v. Best Buy Co., Inc. · No. 1:19-cv-11467
- Paul Gardephe
- June 5, 2020
Background
The parties jointly requested a stay, meaning a pause in the case, while appeals in two related matters were pending. The plaintiff, Marcos Calcano, had appealed decisions dismissing similar claims in matters involving Swarovski and Banana Republic. The opinion states that the claims concern whether Title III of the Americans with Disabilities Act, New York State law, and New York City law require retailers to provide Braille versions of store gift cards.
Reason for the Request
Best Buy had a pending motion to dismiss the plaintiff’s amended complaint. The parties said that the outcomes of the related appeals were likely to affect that motion because the other cases involved the same claims and similar arguments. The opinion states that the plaintiff believed the related dismissals were wrongly decided and that the defendants in those matters intended to oppose the appeals.
Ruling
Magistrate Judge Ona T. Wang granted the application. The case was stayed. The parties were directed to notify the court by joint status letter within seven days after the related appeals were resolved. The order did not decide Best Buy’s pending motion to dismiss or the underlying gift-card claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.