Opinion
9 Civ. 10329 (LGS)
12-15-2022
JAMES MURPHY, Plaintiff, v. LITTLE CAESAR ENTERPRISES, INC., Defendant.
ORDER
LORNA G. SCHOFIELD, UNITED STATES DISTRICT JUDGE
WHEREAS, on December 13, 2022, the Court of Appeals granted Plaintiff-Appellant's motion to withdraw the appeal of the Order at Dkt. No. 44 and remanded the case with instructions to this Court “to determine, in the first instance, whether any further proceedings are warranted, including vacatur of the merits-based judgments and dismissal of the actions for lack of standing in light of” the Second Circuit's decision in Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68 (2d Cir. 2022). It is hereby
ORDERED that, by December 22, 2022, the parties shall file a joint letter stating their respective positions on whether the merits-based judgment should be vacated and the case dismissed instead for lack of standing in light of the Second Circuit's Calcano decision, and/or whether any other proceedings are appropriate.