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S.D.N.Y.Procedural orderFiled Oct. 8, 2020

Cargian v. Breitling USA, Inc.

Judge
George Daniels
Docket
1:15-cv-01084
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureSummary Judgment
In one sentence

In Cargian v. Breitling USA, Inc., Judge Daniels reopened the case’s active docket, postponed a conference, and set briefing for a possible renewed summary-judgment motion.

Who this affects

Frederick M. Cargian and Breitling USA, Inc.; the action was returned to the active docket, the status conference was postponed, and briefing deadlines were set for a possible renewed summary-judgment motion.

What happened

In Cargian v. Breitling USA, Inc., the court directed the Clerk to move the action from the suspense docket to the active docket.

The court postponed the October 14, 2020 status conference until February 3, 2021, at 9:45 a.m. It also allowed Breitling USA, Inc. to renew its summary-judgment motion and submit a letter addressing the Supreme Court’s recent decision in Bostock v. Clayton County, Georgia, and earlier summary-judgment decisions.

Judge Daniels set November 9, 2020, for the defendant’s letter, December 9, 2020, for the plaintiff’s opposition, and December 23, 2020, for any reply. The order did not decide the summary-judgment motion.

The detailed version

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

Case
Cargian v. Breitling USA, Inc. · No. 1:15-cv-01084
Judge
George Daniels
Date
Oct. 8, 2020

Background

The opinion is an administrative and scheduling order in the action brought by Frederick M. Cargian against Breitling USA, Inc. It does not describe the underlying claims or provide a ruling on the parties’ substantive legal dispute.

Court’s Actions

The court directed the Clerk of Court to remove the action from the suspense docket and place it on the active docket. The court adjourned the status conference scheduled for October 14, 2020, to February 3, 2021, at 9:45 a.m.

The court stated that Breitling USA, Inc. may renew its motion for summary judgment and supplement its earlier submissions with a letter explaining why summary judgment is warranted under the Supreme Court’s recent decision in Bostock v. Clayton County, Georgia, and prior summary-judgment decisions. The defendant’s letter is due November 9, 2020; Cargian’s opposition is due December 9, 2020; and any reply is due December 23, 2020.

Disposition

Judge George B. Daniels issued a scheduling and docket-management order. The opinion does not grant or deny the summary-judgment motion and does not resolve the merits of the case.

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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