Calcano v. Buth-Na-Bodhaige, Inc.
- Paul Gardephe
- 1:19-cv-10439
- U.S. District Court · Southern District of New York
- 1
In Calcano v. Buth-Na-Bodhaige, Inc., Judge Gardephe stayed the case and denied the dismissal motion without prejudice pending related appeals.
Marcos Calcano and the proposed similarly situated class members, as well as Buth-Na-Bodhaige, Inc.; the case was paused and the defendant may renew its motion to dismiss after the related appeals are resolved.
What happened
Marcos Calcano brought this proposed class action against Buth-Na-Bodhaige, Inc. The court noted that another case presented substantially the same legal issues and that an appeal in that case had been combined with similar appeals.
The court paused this action until the Second Circuit resolves those appeals. It denied the defendant’s motion to dismiss without prejudice to renewing it after the appeals are resolved. The parties must file a joint status letter by September 1, 2020, or within seven days after a Second Circuit opinion, whichever comes first.
Judge Paul G. Gardephe issued the order on June 24, 2020, and directed the Clerk to terminate the pending motions.
The detailed version
- Calcano v. Buth-Na-Bodhaige, Inc. · No. 1:19-cv-10439
- Paul Gardephe
- June 24, 2020
Background
Marcos Calcano filed this action on behalf of himself and other similarly situated people against Buth-Na-Bodhaige, Inc. The court stated that Judge Woods had granted a motion to dismiss in another case involving substantially the same legal issues. The plaintiff in that case appealed, and the Second Circuit consolidated that appeal with several similar appeals and set an expedited briefing schedule.
Rulings
The court stayed the action, meaning it paused the case, pending resolution of the appeals in the related cases. It denied Buth-Na-Bodhaige’s motion to dismiss without prejudice to renewal after the appeals are resolved. The order therefore did not decide the motion to dismiss on its merits.
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 Clerk of Court was directed to terminate the motions listed on the docket as Docket No. 22.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.