Calcano v. American Eagle Outfitters, Inc.
- John Cronan
- 1:19-cv-10062
- U.S. District Court · Southern District of New York
- 2
In Calcano v. American Eagle Outfitters, Judge Gardephe stayed the case and denied dismissal motions without prejudice pending related appeals.
Marcos Calcano, the proposed similarly situated persons he represents, and American Eagle Outfitters, Inc.; the action is paused and the defendant may renew its dismissal motions after the related appeals are resolved.
What happened
In Calcano v. American Eagle Outfitters, Inc., the court noted that another case involving substantially similar legal issues had been dismissed and appealed. The appeals were consolidated with several related appeals, with an expedited briefing schedule.
The court stayed this case until the appeals in the related cases are resolved. It also denied American Eagle’s motions to dismiss without prejudice to renewal after the appeals are resolved.
Judge Paul G. Gardephe 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, and directed the Clerk to terminate the motions.
The detailed version
- Calcano v. American Eagle Outfitters, Inc. · No. 1:19-cv-10062
- John Cronan
- June 24, 2020
Background
Marcos Calcano brought this action on behalf of himself and other persons similarly situated against American Eagle Outfitters, Inc. The opinion states that another case presented substantially the same legal issues. In that case, the defendant’s motion to dismiss had been granted, and the plaintiff had appealed. The Second Circuit consolidated that appeal with several similar appeals and ordered 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 rather than resolving the parties’ underlying dispute. The court denied American Eagle’s motions to dismiss without prejudice to renewal after the appeals are resolved. The opinion does not decide whether the claims should ultimately be dismissed or reach the merits of the underlying legal issues.
Further directions and disposition
Judge Paul G. Gardephe 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. The Clerk was directed to terminate the motions listed as Docket Numbers 21 and 27. The order therefore disposed of the motions by denying them without prejudice and paused the action pending the related appeals.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.