Dominguez v. Foot Locker, Inc.
- Paul Gardephe
- 1:19-cv-10628
- U.S. District Court · Southern District of New York
- 1
In Dominguez v. Foot Locker, Inc., Judge Gardephe stayed the case pending appeals and denied Foot Locker’s dismissal motion without prejudice to renewal.
Yovanny Dominguez and the similarly situated people he seeks to represent, as well as Foot Locker, Inc. The case was paused, and Foot Locker’s motion to dismiss was denied without prejudice to renewal after related appeals are resolved.
What happened
In Dominguez v. Foot Locker, Inc., the plaintiff brought a case against Foot Locker involving legal issues similar to those in another case, where a judge had granted the defendant’s motion to dismiss. The plaintiff in that other case appealed, and the appeals were combined with several similar appeals.
Judge Gardephe stayed the Foot Locker case until the appeals in the related cases are resolved. The court also directed the parties to submit a joint status letter by September 1, 2020, or within seven days after a Second Circuit decision, whichever came first.
Judge Gardephe denied Foot Locker’s motion to dismiss without prejudice to renewal after the appeals are resolved. The clerk was directed to terminate the pending motions.
The detailed version
- Dominguez v. Foot Locker, Inc. · No. 1:19-cv-10628
- Paul Gardephe
- June 24, 2020
Background
Yovanny Dominguez brought this action on behalf of himself and other similarly situated people against Foot Locker, Inc. The opinion states that the case presents substantially the same legal issues as an earlier related case in which Judge Woods granted the defendant’s motion to dismiss. The plaintiff in that related case appealed, and the Second Circuit consolidated that appeal with several similar appeals and set an expedited briefing schedule.
Court’s Action
The court stayed this action pending resolution of the appeals in the related cases. A stay pauses the case while the specified matters are pending. The court directed the parties to file a joint status letter by September 1, 2020, or within seven days after a Second Circuit opinion, whichever occurred first.
Disposition
The court denied Foot Locker’s motion to dismiss without prejudice to renewal once the appeals were resolved. The order therefore did not decide the motion to dismiss on its merits at that time. The clerk was directed to terminate the motions listed on the docket as Dkt. Nos. 25 and 28.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.