Dominguez v. Athleta LLC

Morgan Lewis lis ean SDNY Boo. MEN, ELEC Dig yg ary. Michael F. Fleming Da: SH: “LEY FY) 2» i Associate Alp Py PN Lisry be +1.212.309.6207 wm AA ta i michael.fleming@morganlewis.com a ‘ re met 20. so! January 30, 2020 F ED EB 9 2090 Th © Febr ua VIA ECF Conference a °. 2020 adi Hon. George B. Daniels March 5, 2020 at gyno to United States District Judge “30 a.m. United States District Court for the Southern District of New York 8 ar 500 Pearl Street, Courtroom 11A (7 i A New York, New York 10007 ia aii Re: Dominguez v. Athleta LLC, Case No. 19-cv-10168 LS Dear Judge Daniels: We represent defendant Athleta LLC (“Defendant”) in the above-referenced action pending before the Court. Pursuant to Rules II(A) and IV(A) of Your Honor’s Individual Rules and Practices and Rule 37.2 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, we write jointly with counsel for Plaintiff Yovanny Dominguez (“Plaintiff”), respectfully to request that the Court adjourn the Initial Conference scheduled for February 6, 2020 at 9:30 a.m. to a date and time after the disposition of Defendant’s motion to dismiss, which was filed on January 27, 2020, and to stay discovery during the pendency of Defendant's motion pursuant to Federal Rule of Civil Procedure 26(c). The parties have conferred in good faith and jointly request a stay of discovery. In support of this request, counsel for the parties state that Defendant’s motion may be wholly dispositive of the claims at issue in this action or may affect the scope of discovery if the claims are not dismissed. Accordingly, counsel for the parties submits that an adjournment of the Initial Conference and stay of discovery during the pendency of Defendant’s motion would conserve both the Court's and the parties’ resources. See Farzan v. Bridgewater Assocs., LP, 699 Fed. Appx. 57, 58 (2d Cir. 2017) (affirming district court’s exercise of discretion to stay discovery during pendency of motion to dismiss). We thank the Court in advance for its consideration of these requests. Morgan, Lewis & Bockius LLP 101 Park Avenue New York, NY 10178-0060 ® +1.212.309.6000 United States @ +1.212.309.6001 Hon. George B. Daniels January 30, 2020 Page 2 Respectfully submitted, /s/ Michael F. Fleming Michael F. Fleming Cc: All Counsel of Record (Via ECF)