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S.D.N.Y.Procedural orderFiled Jan. 11, 2024

Agra v. Center for Brain

Full caption

Maciniak-Domingues Goncalves Agra v. Center for Brain, Minds and Machines at Massachusetts Institute of Technology

Judge
Andrew Carter
Docket
1:22-cv-10959
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Karolina Maria v. Massachusetts Institute of Technology, Judge Carter denied consolidation and a briefing stay, ordering the parties to follow the existing schedule.

Who this affects

The plaintiffs and defendants in the two related cases, particularly the parties subject to the existing motions-to-dismiss briefing schedule.

What happened

In Karolina Maria v. Massachusetts Institute of Technology, the plaintiffs asked the court to combine this case with a later related case and pause the schedule for the defendants’ motions to dismiss.

The court found that the plaintiffs had not shown good cause for filing the later case instead of asking to amend their complaint in the first case. It also was not persuaded that combining the cases would promote efficiency or avoid unfairness, especially because defendants had already filed their initial motion papers.

The court denied both requests and ordered the parties to follow the existing briefing schedule. Judge Andrew L. Carter, Jr. issued the order on January 11, 2024.

The detailed version

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

Case
Agra v. Center for Brain · No. 1:22-cv-10959
Judge
Andrew Carter
Date
Jan. 11, 2024

Background

The plaintiffs asked the court to consolidate this case, which the opinion calls “Marciniak I,” with a later case, “Marciniak II,” under Federal Rule of Civil Procedure 42. They also asked the court to stay, or pause, the existing briefing schedule for the defendants’ motions to dismiss.

The opinion states that the plaintiffs filed Marciniak I on December 29, 2022, and Marciniak II on November 22, 2023. The court had already approved a revised schedule for briefing the motions to dismiss, and defendants in Marciniak I had filed their initial motion papers.

Court’s Analysis

The court concluded that the plaintiffs had not shown good cause for filing a new action involving common legal and factual questions and substantially the same parties and witnesses, rather than seeking to amend their first amended complaint in Marciniak I. The court also was not persuaded that consolidation would promote efficient case management or prevent prejudice to the parties.

Ruling

The court denied the plaintiffs’ request to consolidate the cases and denied their request to stay briefing on the motions to dismiss. It ordered the parties to follow the existing motions-to-dismiss briefing schedule. The order was signed by Judge Andrew L. Carter, Jr.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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