Lucchese-Soto v. The Criterion Collection, LLC

Filing 11

ORDER granting (10) Letter Motion to Consolidate Cases in case 1:24-cv-07345-VEC; granting (14) Letter Motion to Consolidate Cases in case 1:24-cv-07354-VEC. IT IS HEREBY ORDERED that the parties' joint motions are GRANTED. The McGuire Action, 24-CV-07354, is consolidated with the Soto Action. The Soto Action will be the controlling case for the two consolidated cases. No further filings shall be made under case number 24-CV-07354. All pleadings filed in case number 24-CV-07354 maintain their legal relevance. IT IS FURTHER ORDERED that the Clerk of Court administratively close case number 24-CV-07354. IT IS FURTHER ORDERED that, by not later than Friday, December 6, 2024, Plaintiffs must file an Amended Consolidated Complaint, and Defendants deadline to respond to the Consolidated Complaint is Tuesday, January 21, 2025. If Defendant moves to dismiss the Amended Consolidated Complaint, Plaintiffs response to the motion to dismiss must be filed not later than Tuesday, February 18, 2025, and Defendants reply must be filed not later than Tuesday, March 4, 2025. IT IS FURTHER ORDERED that the Initial Pretrial Conference scheduled for Friday, December 6, 2024, at 10:00 A.M. is ADJOURNED to Friday, January 31, 2025, at 10:00 A.M. The parties deadline to submit a joint letter and proposed case management plan in accordance with the Courts Order at Dkt. 5 is extended from Wednesday, November 27, 2024, to Thursday, January 23, 2025. The Clerk of Court is respectfully directed to terminate the open motions in the Soto Action at Dkt. 10 and in the McGuire Action at Dkt. 14. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/25/2024) Filed In Associated Cases: 1:24-cv-07345-VEC, 1:24-cv-07354-VEC (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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FRANCIS LUCCHESE-SOTO, individually
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and on behalf of all others similarly situated,
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Plaintiff,
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-against:
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THE CRITERION COLLECTION, LLC,
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Defendant.
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KEVIN MCGUIRE, MATTHEW WICKHAM,
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and AMITAI HELLER, on Behalf of Themselves :
and All Others Similarly Situated,
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Plaintiffs,
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-against:
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THE CRITERION COLLECTION, LLC d/b/a
THE CRITERION CHANNEL,
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Defendant
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/25/24

ORDER
24-CV-7345 (VEC)
24-CV-7354 (VEC)

VALERIE CAPRONI, United States District Judge:
WHEREAS on November 22, 2024, the parties to Francis Lucchese-Soto v. The
Criterion Collection, LLC, 24-CV-07345 (the “Soto Action”) filed a joint letter requesting the
Court consolidate the Soto Action with McGuire et al v. The Criterion Collection, LLC d/b/a The

Criterion Channel, 24-CV-07354 (the “McGuire Action”), see Dkt. 10, and the parties in the
McGuire Action filed a joint letter requesting the same, see McGuire Action, Dkt. 14; and
WHEREAS the parties also propose a schedule for the filing of an Amended
Consolidated Complaint and request an adjournment of the Initial Pretrial Conference until after
the Consolidated Complaint has been filed, Soto Action, Dkt. 10; McGuire Action, Dkt. 14;
IT IS HEREBY ORDERED that the parties’ joint motions are GRANTED. The McGuire
Action, 24-CV-07354, is consolidated with the Soto Action. The Soto Action will be the
controlling case for the two consolidated cases. No further filings shall be made under case
number 24-CV-07354. All pleadings filed in case number 24-CV-07354 maintain their legal
relevance.
IT IS FURTHER ORDERED that the Clerk of Court administratively close case number
24-CV-07354.
IT IS FURTHER ORDERED that, by not later than Friday, December 6, 2024,
Plaintiffs must file an Amended Consolidated Complaint, and Defendant’s deadline to respond to
the Consolidated Complaint is Tuesday, January 21, 2025. If Defendant moves to dismiss the
Amended Consolidated Complaint, Plaintiffs’ response to the motion to dismiss must be filed not
later than Tuesday, February 18, 2025, and Defendant’s reply must be filed not later than
Tuesday, March 4, 2025.
IT IS FURTHER ORDERED that the Initial Pretrial Conference scheduled for Friday,
December 6, 2024, at 10:00 A.M. is ADJOURNED to Friday, January 31, 2025, at 10:00 A.M.
The parties’ deadline to submit a joint letter and proposed case management plan in accordance
with the Court’s Order at Dkt. 5 is extended from Wednesday, November 27, 2024, to
Thursday, January 23, 2025.

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The Clerk of Court is respectfully directed to terminate the open motions in the Soto
Action at Dkt. 10 and in the McGuire Action at Dkt. 14.

SO ORDERED.
________________________
VALERIE CAPRONI
United States District Judge

Date: November 25, 2024
New York, New York

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