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S.D.N.Y.Procedural orderFiled Mar. 6, 2025

Alta Partners, LLC v. BRC Inc.

Judge
Analisa Torres
Docket
1:24-cv-03741
Court
U.S. District Court · Southern District of New York
Pages
1
Motion to DismissCivil ProcedureContract
In one sentence

In Alta Partners v. BRC, Judge Torres adopted the recommendation and denied BRC’s motion to dismiss Alta’s contract lawsuit.

Who this affects

Alta Partners, LLC’s breach-of-contract lawsuit against BRC Inc. remains pending after the court denied BRC’s motion to dismiss.

What happened

Alta Partners, LLC sued BRC Inc. after BRC allegedly refused to let Alta exercise warrants for BRC stock that Alta had purchased. Alta brought the case as a breach-of-contract action.

BRC asked the court to dismiss the complaint. Judge Analisa Torres referred that request to Judge Robert W. Lehrburger, who recommended denying it. Neither party objected to the recommendation before the deadline.

Judge Torres found no clear error in Judge Lehrburger’s analysis and adopted the recommendation in full. The court therefore denied BRC’s motion to dismiss and directed the clerk to terminate that motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Alta Partners, LLC v. BRC Inc. · No. 1:24-cv-03741
Judge
Analisa Torres
Date
Mar. 6, 2025

Background

Alta Partners, LLC brought a breach-of-contract action against BRC Inc. Alta alleged that BRC did not allow Alta to exercise warrants for BRC stock that Alta had previously purchased.

Motion and Report

BRC moved to dismiss Alta’s complaint. Judge Torres referred the motion to Magistrate Judge Robert W. Lehrburger. After oral argument, Judge Lehrburger issued a report and recommendation on February 18, 2025, recommending that the motion be denied.

The parties were notified that they could object to the report and recommendation, but no objections were filed before the deadline. Because there were no objections, Judge Torres reviewed the report for clear error, meaning an obvious mistake in the analysis.

Ruling

Judge Torres found no clear error in Judge Lehrburger’s “thorough and well-reasoned” report and recommendation. She adopted it in its entirety. The court denied BRC’s motion to dismiss and directed the clerk to terminate the motion at docket entry 33. This order did not dismiss Alta’s lawsuit.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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