Zachary v. BG Retail, LLC
- Vincent Briccetti
- 7:22-cv-10521
- U.S. District Court · Southern District of New York
- 1
In Zachary v. BG Retail, LLC, Judge Briccetti ordered counsel to explain how a recent decision may affect the pending motion to dismiss.
Counsel for the parties must file letters addressing the potential effect of the cited decision on the pending motion to dismiss.
What happened
In Tova Zachary v. BG Retail, LLC, the court addressed the parties’ pending motion to dismiss by requesting additional information from counsel.
The court ordered each counsel to file a letter of no more than five pages by January 29, 2024. The letters must discuss whether, and how, a recent Second Department decision affects the motion to dismiss.
Judge Vincent L. Briccetti issued the order on January 22, 2024. The order did not decide the motion to dismiss or the underlying claims.
The detailed version
- Zachary v. BG Retail, LLC · No. 7:22-cv-10521
- Vincent Briccetti
- Jan. 22, 2024
Order
The opinion concerns a pending motion to dismiss in Tova Zachary’s case against BG Retail, LLC. The caption states that Zachary brought the case individually and on behalf of others similarly situated.
Judge Vincent L. Briccetti ordered each counsel to file a letter by January 29, 2024. Each letter could not exceed five pages and had to address the effect, if any, of the Second Department’s decision in Grant v. Global Aircraft Dispatch, Inc., 2024 WL 172900 (2d Dep’t Jan. 17, 2024), on the pending motion to dismiss.
Disposition
The court issued a procedural order requesting briefing. It did not grant or deny the motion to dismiss and did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.