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S.D.N.Y.Procedural orderFiled July 30, 2020

Lopez v. Vans, Inc.

Judge
Laura Swain
Docket
1:19-cv-11809
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureADA / Disability
In one sentence

In Lopez v. Vans, Judge Swain granted the parties’ request to extend the case stay for 90 days while related appeals proceeded.

Who this affects

The stay affects Victor Lopez, Vans, Inc., and the court’s handling of the case by pausing further proceedings for an additional 90 days.

What happened

Victor Lopez’s case against Vans, Inc. concerned claims involving gift cards and disability-discrimination laws. The parties said similar legal issues were being considered in appeals before the U.S. Court of Appeals for the Second Circuit.

The parties jointly asked the court to extend an existing stay of all proceedings for another 90 days. They said the extension would conserve resources and allow the court to benefit from the appeals.

Judge Laura Taylor Swain granted the requested extension on July 30, 2020. The order did not decide the underlying disability-discrimination claims.

The detailed version

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

Case
Lopez v. Vans, Inc. · No. 1:19-cv-11809
Judge
Laura Swain
Date
July 30, 2020

Background

The defendant’s counsel submitted a second unopposed letter motion asking the court to stay, or temporarily pause, all proceedings for an additional 90 days. The letter stated that the plaintiff’s counsel consented to the request.

The letter described this case as one of three related matters involving gift cards associated with Vans, Timberland, and The North Face brands. It stated that the plaintiff asserted claims under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. The letter also stated that the case was already stayed until August 4, 2020.

Reason for the Requested Stay

The parties said the legal issues in this action were substantively similar to issues in multiple appeals pending before the Second Circuit, including an appeal involving six Americans with Disabilities Act cases. They argued that waiting for those rulings would promote judicial economy, conserve court and counsel resources, and avoid potentially unnecessary briefing during the COVID-19 pandemic.

The parties requested an additional 90-day stay. They stated that if the Second Circuit had not ruled by November 4, 2020, they would reassess whether the stay should continue and file a status report.

Ruling

Judge Laura Taylor Swain granted the requested extension of the stay. The order resolved docket entry 20. It did not rule on the merits of the plaintiff’s disability-discrimination claims or otherwise state a decision on the underlying legal issues.

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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