Calcano v. Adidas America, Inc.
- Lewis Liman
- 1:19-cv-10060
- U.S. District Court · Southern District of New York
- 1
In Calcano v. Adidas America, Inc., Judge Liman set deadlines for amendment after a related Second Circuit standing decision.
Marcos Calcano and Adidas America, Inc.; the order specifically sets deadlines for Calcano’s decision about amending the complaint and for Adidas’s response.
What happened
In Calcano v. Adidas America, Inc., the court had stayed the case while the Second Circuit considered appeals involving the same issues. Adidas had filed a motion to dismiss, and no answer had been filed.
The Second Circuit later ruled that conclusory statements about intending to return to defendants’ stores were not enough to establish standing. The Second Circuit’s mandate had not yet issued when this order was entered.
The court ordered the plaintiff to state within 30 days after the mandate issues whether he will amend his complaint or proceed with the original complaint. Judge Liman allowed 45 days after the mandate for an amendment, and said Adidas could then move against the amended complaint or answer; if there is no amendment, the court will consider the pending motion to dismiss.
The detailed version
- Calcano v. Adidas America, Inc. · No. 1:19-cv-10060
- Lewis Liman
- June 30, 2022
Background
The court had stayed this case while the Second Circuit considered appeals involving the same issues and arguments. At that time, Adidas had filed a motion to dismiss the complaint, but no answer had been filed.
Related appellate decision
On June 2, 2022, the Second Circuit issued a decision in a consolidated appeal involving the same standing issue. It held that the plaintiffs’ conclusory statements that they intended to return to the defendants’ stores were insufficient to allege standing. The Second Circuit’s mandate—the formal document that makes its decision effective—had not yet issued.
Order
The court ordered the plaintiff to send a letter within 30 days after the Second Circuit’s mandate issues stating whether he intends to amend the complaint or stand on the original complaint. If he intends to amend, he has 45 days after the mandate issues to do so. If he amends, Adidas may either file a motion against the amended complaint or answer it. If he does not amend, the court will proceed to consider Adidas’s pending motion to dismiss.
This order did not decide the pending motion to dismiss or finally resolve the standing issue in this case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.