Tucker v. Saks Fifth Avenue LLC
- Laura Swain
- 1:19-cv-10289
- U.S. District Court · Southern District of New York
- 2
In Tucker v. Saks Fifth Avenue LLC, Judge Swain stayed the case and denied the dismissal motion without prejudice pending related appeals.
Henry Tucker’s case was paused, and Saks Fifth Avenue LLC may renew its motion to dismiss after the related appeals are resolved.
What happened
In Tucker v. Saks Fifth Avenue LLC, the court noted that another case involving substantially similar legal issues had been dismissed and appealed. The appeals were consolidated for review by the Court of Appeals for the Second Circuit.
To conserve judicial resources, the court stayed Tucker’s case while those appeals were pending. It also denied Saks Fifth Avenue LLC’s motion to dismiss without prejudice to renewing it after the appeals are resolved.
Judge Laura Taylor Swain ordered the parties to file a joint status letter by September 30, 2020, or within seven days after a Second Circuit opinion, whichever came first.
The detailed version
- Tucker v. Saks Fifth Avenue LLC · No. 1:19-cv-10289
- Laura Swain
- July 6, 2020
Background
Henry Tucker sued Saks Fifth Avenue LLC. The opinion states that the case presented substantially the same legal issues as an earlier case in which Judge Woods granted the defendant’s motion to dismiss. That earlier case had been appealed, and the Court of Appeals for 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 appeal in the earlier case and the consolidated cases. A stay pauses the case while the specified appellate proceedings are pending.
The court denied the defendant’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 30, 2020, or within seven days of a Second Circuit opinion, whichever occurred first. The court also stated that Docket Entry No. 19 was resolved.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.