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S.D.N.Y.Procedural orderFiled July 15, 2020

Dominguez v. Champs Sports, Inc.

Judge
Andrew Carter
Docket
1:19-cv-10633
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Dominguez v. Champs Sports, Judge Carter stayed the case pending related appeals and denied Champs Sports’ motion to dismiss without prejudice to refiling.

Who this affects

Yovanny Dominguez, the similarly situated people he represents, and Champs Sports, Inc. are affected by the stay. The case and all deadlines are paused, and Champs Sports may refile its motion to dismiss after the stay is lifted.

What happened

In Dominguez v. Champs Sports, Inc., the court paused the case and all case deadlines while related appeals were being resolved. The case was brought by Yovanny Dominguez on behalf of similarly situated people against Champs Sports, Inc.

The court considered letters submitted by the parties after an earlier court order. It stayed the case pending resolution of consolidated appeals in Mendez v. AnnTaylor, Inc., and denied Champs Sports’ pending motion to dismiss without prejudice, meaning the company may file that motion again after the stay ends.

Judge Andrew L. Carter, Jr. ordered the parties to submit a joint written status report within 14 days after the appeals are resolved. The order did not decide the underlying claims or the merits of the motion to dismiss.

The detailed version

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

Case
Dominguez v. Champs Sports, Inc. · No. 1:19-cv-10633
Judge
Andrew Carter
Date
July 15, 2020

Background

Yovanny Dominguez brought this case against Champs Sports, Inc., on behalf of himself and other similarly situated people. The opinion states that the court received letters from the parties responding to the court’s June 24, 2020 order. Champs Sports had a motion to dismiss pending.

Rulings

The court stayed the case and all deadlines pending resolution of the consolidated appeals in Mendez v. AnnTaylor, Inc., No. 19-CV-10625, 2020 WL 1974211 (S.D.N.Y. Apr. 24, 2020), appeal filed as No. 20-1550.

The court denied Champs Sports’ pending motion to dismiss without prejudice to refiling the motion after the stay is lifted. “Without prejudice” means the order did not bar Champs Sports from filing the motion again later.

Next step ordered by the court

The parties must submit a joint written status report stating how they want to proceed within 14 days after the consolidated appeals are resolved. The order did not resolve the underlying claims or decide the merits of the motion to dismiss.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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