Bates v. Dev A Concepts, LLC
- Gregory Woods
- 1:20-cv-09056
- U.S. District Court · Southern District of New York
- 2
In Bates v. Deva Concepts, Judge Woods set briefing deadlines and stayed discovery while arbitration and dismissal motions were considered.
The plaintiffs in the Bates and Adams cases and Deva Concepts, LLC, because the order sets motion deadlines, requires supporting materials for the arbitration motions, and pauses discovery and certain pretrial deadlines.
What happened
Bates v. Deva Concepts, LLC and the related Adams case concern anticipated motions by Deva Concepts, LLC to compel arbitration and dismiss the cases. The order does not decide those motions.
The court required the arbitration motions by May 7, 2021, with opposition and reply deadlines tied to service. The anticipated dismissal motions were due June 15, 2021, with similar response deadlines.
Judge Gregory H. Woods stayed discovery in both cases until the arbitration and dismissal motions were resolved. He also postponed the initial pretrial conference and related case-management-plan deadlines.
The detailed version
- Bates v. Dev A Concepts, LLC · No. 1:20-cv-09056
- Gregory Woods
- Apr. 12, 2021
Background
This order concerns two cases listed in the caption: one brought by Alexa Bates and other plaintiffs against Deva Concepts, LLC, doing business as Deva Curl, and one brought by Crystal Adams and other plaintiffs against Deva Concepts LLC. During an April 12, 2021 conference, the court addressed the schedule for anticipated motions to compel arbitration and motions to dismiss.
Deadlines
Deva Concepts’s motions to compel arbitration were due by May 7, 2021. The plaintiffs’ oppositions were due four weeks after service of the motions, and any replies were due two weeks after service of the oppositions. The court stated that motions to compel arbitration are decided under a standard similar to the standard used for summary judgment. It therefore required Deva Concepts to submit the materials required for a summary-judgment motion, including a legal memorandum, a statement under Local Civil Rule 56.1, and any supporting affidavits, declarations, or other materials.
The anticipated motions to dismiss were due by June 15, 2021. The plaintiffs’ oppositions were due four weeks after service, and any replies were due two weeks after service of the oppositions.
Court’s action
For the reasons stated during the conference, Judge Gregory H. Woods stayed discovery in both cases while the motions to compel arbitration and motions to dismiss were pending. He also postponed the May 5, 2021 initial pretrial conference and the April 28, 2021 deadline for submitting a joint letter and case-management plan. The order does not rule on the merits of the arbitration or dismissal motions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.