Henao v. Parts Authority, LLC
- Lorna Schofield
- 1:19-cv-10720
- U.S. District Court · Southern District of New York
- 2
In Henao v. Parts Authority, Judge Schofield granted plaintiffs’ request for limited jurisdictional discovery while defendants’ motion to dismiss remained pending.
The plaintiffs and BBB Logistics Inc., Arizona Logistics, Inc., and Larry Browne. The order permits limited discovery involving those defendants and sets deadlines for further briefing on their motion to dismiss.
What happened
In Henao v. Parts Authority, LLC, Arizona Logistics, Inc., BBB Logistics, Inc., and Larry Browne asked the court to dismiss the case for failure to state a claim, inadequate service, and lack of personal jurisdiction.
The plaintiffs requested limited discovery about how the defendants operated as a unified entity, stating that the relevant evidence was in the defendants’ exclusive possession and control. Discovery was already paused as to those defendants.
Judge Lorna G. Schofield granted the plaintiffs’ request. She ordered the parties to propose a schedule, complete the limited discovery, and submit additional briefing on the motion to dismiss; she did not decide that motion in this order.
The detailed version
- Henao v. Parts Authority, LLC · No. 1:19-cv-10720
- Lorna Schofield
- Apr. 6, 2021
Background
On December 21, 2020, Arizona Logistics, Inc., BBB Logistics, Inc., and Larry Browne filed a motion to dismiss. They argued that the complaint failed to state a claim, that service of process was insufficient, and that the court lacked personal jurisdiction, meaning authority over those defendants. The plaintiffs opposed the motion.
Discovery was stayed as to BBB Logistics Inc., Arizona Logistics, Inc., and Larry Browne. The plaintiffs asked for limited jurisdictional discovery—information-gathering focused on whether the court has authority over the defendants—and stated that evidence about how the defendants operated as a unified entity was in the defendants’ exclusive possession and control.
Ruling
The court granted the plaintiffs’ request for limited jurisdictional discovery as to BBB Logistics Inc., Arizona Logistics, Inc., and Larry Browne. The order required the parties to submit a proposed order and plan by April 12, 2021, complete the limited discovery by May 14, 2021, and then file supplemental briefing on the motion to dismiss. The plaintiffs’ supplement was limited to ten pages and due May 21, 2021; the defendants’ reply was also limited to ten pages and due May 28, 2021.
Judge Lorna G. Schofield did not rule in this order on the pending motion to dismiss or on the defendants’ arguments about the claims, service, or personal jurisdiction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.