Rosales v. Popeyes Louisiana Kitchen, Inc.
- Jesse Furman
- 1:22-cv-01150
- U.S. District Court · Southern District of New York
- 2
In Rosales v. Popeyes, Judge Furman granted an application and moved the pretrial conference to November 9, 2022.
Helen Rosales and Popeyes Louisiana Kitchen, Inc., et al.; the order changed the scheduling of the pretrial conference and addressed the requested discovery pause.
What happened
Helen Rosales asked the court to pause the fact-discovery deadline in Rosales v. Popeyes Louisiana Kitchen, Inc. The request said she would be unavailable to communicate with her lawyers during Marine Corps training.
The requested pause would have moved the fact-discovery deadline from September 22, 2022, to November 1, 2022. Defense counsel consented to the request, according to the filing.
Judge Jesse M. Furman granted the application, adjourned the pretrial conference from October 5 to November 9, 2022, at 3:30 p.m., and directed the Clerk to terminate ECF No. 35.
The detailed version
- Rosales v. Popeyes Louisiana Kitchen, Inc. · No. 1:22-cv-01150
- Jesse Furman
- July 8, 2022
Background
Plaintiff Helen Rosales, through her attorneys, asked the court to stay, or pause, the fact-discovery deadline. The filing stated that Rosales had been accepted into the U.S. Marines, taken an oath of enlistment, and begun recruit training on July 5, 2022. It further stated that she would not have access to a phone or the internet and would not otherwise be able to communicate with her attorneys for about three months, followed by combat training until November 1, 2022. The filing also stated that the parties had participated in the court's mediation program, had continued settlement discussions, and that defense counsel consented to the request.
Application and Requested Relief
The application asked the court to move the fact-discovery deadline from September 22, 2022, to November 1, 2022. It relied on Federal Rule of Civil Procedure 26(c), which allows a court to stay discovery for good cause.
Ruling
Judge Jesse M. Furman granted the application. The order specifically adjourned the pretrial conference, originally scheduled for October 5, 2022, to November 9, 2022, at 3:30 p.m. It also directed the Clerk of Court to terminate ECF No. 35. The order does not separately state a new fact-discovery deadline.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.