Opinion
Civil Action No.: 1:19-cv-11756-LL
03-10-2020
Re: Mendez v. Jos. A. Bank Clothiers, Inc.
VIA ECF Hon. Lewis J. Liman
United States District Judge
United States District Court for the Southern District of New York
500 Pearl Street, Courtroom 15C
New York, NY 10007 Dear Judge Liman:
This firm represents Defendant Jos. A. Bank Clothiers, Inc. ("Defendant") in the above-referenced action. We have conferred with Plaintiffs counsel and write, with Plaintiff's concurrence, to jointly request a stay of this action until August 9, 2020.
By way of background, Defendant's current responsive pleading deadline is April 13, 2020. (ECF No. 14.) If the Court does not stay this matter, Defendant will file a motion to dismiss by this date.
The parties respectfully request that this action be stayed to allow for the resolution of motions to dismiss in similar matters arising out of gift cards that do not include Braille, which are currently pending before the Court and other judges in this District and the Eastern District of New York. The stay would allow the parties to have the benefit of the Court's analysis of the issues in other matters which will inform their assessment of the pending case. It will also conserve resources of both the parties and the Court. Similar stays were recently granted on the same grounds by Judge Abrams in Delacruz v. Five Below, Inc., Case No. 1:19-cv-10294-RA (S.D.N.Y.) (ECF No. 16), Matzura v. New Balance Athletics, Inc., Case No. 1:19-cv-11344-RA (S.D.N.Y.) (ECF No. 18), and Mendez v. The Men's Wearhouse, Inc., 1:19-cv-11765-RA (S.D.N.Y.) (ECF No. 15), by Judge Caproni in Calcano v. Drybar Holdings LLC, Case No. 1:19-cv-11389-VEC (S.D.N.Y.) (ECF No. 10), by Judge Woods in Calcano v. Domino's Pizza, Inc., Case No. 1:19-cv-09823-GHW (S.D.N.Y.) (ECF No. 24) and Delacruz v. Jamba Juice, Case No. 1:19-cv-10321-GHW (S.D.N.Y.) (ECF No. 20), by Judge Failla in Calcano v. Guess, Inc., Case No. 1:19-cv-10441-KPF (S.D.N.Y.) (ECF No. 18), by Judge Ramos in Dominguez v. Marshalls of MA, Inc., Case No. 1:19-cv-10626 (S.D.N.Y.) (ECF No. 20), and by Judge Daniels in Delacruz v. Converse Inc., Case No. 1:19-cv-10293-GBD (S.D.N.Y.) (ECF No. 20.) The orders are enclosed for the Court's convenience.
We thank the Court for its time and attention to this matter, and for its consideration of this application. Respectfully submitted, SEYFARTH SHAW LLP /s/ John W. Egan John W. Egan cc: All counsel of record (via ECF)
GRANTED IN PART. All proceedings shall be stayed until May 18, 2020, without prejudice to an application for an additional stay if at that time the Court has not issued a decision on a "gift card" case. The parties shall submit an joint letter no later than two weeks after the stay has expired setting forth how they would like to proceed. At the end of the stay period, the Court will enter an order setting Defendant's time to answer or move. The parties should be aware that the Court has before it a motion to dismiss in Thome v. Tory Burch LLC, 19-cv-10403, which may raise similar issues to those raised by this case.SO ORDERED. /s/_________
LEWIS J. LIMAN
United States Districl Judge
3/13/2020