Lopez v. Timberland LLC
- Laura Swain
- 1:19-cv-11769
- U.S. District Court · Southern District of New York
- 2
In Lopez v. Timberland LLC, Judge Swain granted the parties’ request to extend the case’s stay for 90 days while related appeals proceeded.
The parties to Victor Lopez’s case against Timberland LLC, including the defendant identified in the motion as VF Outdoor, LLC, were affected because further proceedings were paused for an additional 90 days.
What happened
Victor Lopez’s case against Timberland LLC concerns alleged violations of disability-rights laws involving gift cards associated with the Timberland brand. The court had already stayed the case until August 4, 2020.
The parties jointly asked for another 90-day stay because related appeals before the U.S. Court of Appeals for the Second Circuit involved substantially similar legal issues. They said the extension would conserve the court’s and the parties’ resources and avoid unnecessary briefing while the appeals continued.
Judge Laura Taylor Swain granted the requested extension of the stay. The parties were to reassess the situation and file a status report if the Second Circuit had not ruled by November 4, 2020.
The detailed version
- Lopez v. Timberland LLC · No. 1:19-cv-11769
- Laura Swain
- July 30, 2020
Background
The opinion is an endorsed letter motion concerning whether to continue a stay, meaning a temporary pause in court proceedings. The letter states that the case was before the court along with related matters involving alleged violations of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law concerning gift cards associated with the North Face, Timberland, and Vans brands. The court had previously stayed this case until August 4, 2020.
The letter was submitted by counsel for VF Outdoor, LLC, identified as the defendant, with the consent of plaintiffs’ counsel. It requested an additional 90-day stay. The parties said the case raised issues substantially similar to those in an appeal pending before the Second Circuit involving multiple Americans with Disabilities Act cases. They argued that waiting could promote judicial economy, conserve resources, and avoid potentially unnecessary briefing during the COVID-19 pandemic.
Ruling
The court granted the requested extension of the stay. The endorsed order states: “The requested extension of the stay is granted.” The parties stated that if the Second Circuit had not issued a decision by November 4, 2020, they would reassess whether the stay should continue and file a status report. Judge Laura Taylor Swain signed the order on July 30, 2020.
Disposition
The request to extend the stay was granted. The opinion does not decide the underlying disability-rights claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.