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S.D.N.Y.Procedural orderFiled June 24, 2022

Tucker v. Reebok International Ltd.

Judge
Vernon Broderick
Docket
1:19-cv-10344
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Tucker v. Reebok International Ltd., Judge Broderick ordered the parties to report how a Second Circuit decision affects the stayed case.

Who this affects

The parties, Henry Tucker and Reebok International Ltd., were required to file a status update by July 1, 2022 addressing the possible effect of the Second Circuit’s Calcano decision.

What happened

Tucker v. Reebok International Ltd. had been stayed while courts considered similar issues in a related case and in a Second Circuit appeal.

After the Second Circuit issued its decision in Calcano v. Swarovski North America Limited, the court ordered the parties to file a status update explaining that decision’s possible effect on this case by July 1, 2022.

Judge Vernon S. Broderick did not decide the underlying dispute or the motion to dismiss; he issued only this case-management order.

The detailed version

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

Case
Tucker v. Reebok International Ltd. · No. 1:19-cv-10344
Judge
Vernon Broderick
Date
June 24, 2022

Background

The case had been transferred to Judge Vernon S. Broderick. Judge Alison J. Nathan had stayed the case after the parties jointly requested a pause while a motion to dismiss was resolved in a prior related proceeding, No. 19-cv-9842 (RA), which involved a similar issue. The parties later told the court that the stay should continue while the Second Circuit considered Calcano v. Swarovski North America Limited, Case No. 20-155.

The Second Circuit issued its decision in Calcano on June 2, 2022. Judge Nathan’s earlier order required the parties to provide a status update within 10 days after that decision.

Order

Judge Broderick ordered the parties to file a status update by July 1, 2022. The update must address the impact, if any, of the Second Circuit’s Calcano decision on this case.

The order did not decide the merits of Tucker’s claims, resolve the motion to dismiss, or lift or extend the stay. It was a procedural case-management order.

The authoritative version

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

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