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S.D.N.Y.Procedural orderFiled June 24, 2020

Matzura v. Claire's Boutiques, Inc.

Judge
Paul Gardephe
Docket
1:19-cv-09924
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Matzura v. Claire’s Boutiques, Judge Gardephe stayed the case and denied Claire’s motion to dismiss without prejudice pending related appeals.

Who this affects

The order affects Steven Matzura’s action against Claire’s Boutiques, Inc., including the people identified in the caption as similarly situated plaintiffs.

What happened

Matzura v. Claire’s Boutiques, Inc. involves Steven Matzura’s action on behalf of himself and similarly situated people. The opinion does not describe the underlying claims.

The court noted that another case involving substantially similar legal issues had been dismissed and appealed. The appeals had been consolidated with other similar appeals, with an expedited briefing schedule.

Judge Gardephe stayed this action until those appeals are resolved and denied Claire’s motion to dismiss without prejudice to renewal afterward. He also directed the parties to file a joint status letter by September 1, 2020, or within seven days after a Second Circuit opinion, whichever came first.

The detailed version

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

Case
Matzura v. Claire's Boutiques, Inc. · No. 1:19-cv-09924
Judge
Paul Gardephe
Date
June 24, 2020

Background

The court stated that another case presented substantially the same legal issues and that the defendant in that case had obtained dismissal on April 23, 2020. The plaintiff in that case appealed. The Second Circuit later consolidated that appeal with several similar appeals and ordered an expedited briefing schedule. The opinion does not explain the underlying claims or the legal issues involved.

Ruling

The court stayed this action pending resolution of the appeals in the related cases. A stay pauses the case while the specified proceedings are pending. Judge Gardephe denied Claire’s motion to dismiss without prejudice to renewal after the appeals are resolved. The Clerk was directed to terminate the motion on the docket.

Further Proceedings

The parties were directed to file a joint status letter by September 1, 2020, or within seven days after a Second Circuit opinion, whichever occurred first.

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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