Thorne v. Bob's Discount Furniture, LLC
- Lewis Liman
- 1:19-cv-10100
- U.S. District Court · Southern District of New York
- 1
In Thorne v. Bob’s Discount Furniture, Judge Liman lifted the stay and set deadlines for Plaintiff to decide whether to amend after Calcano clarified standing.
Braulio Thorne must decide whether to amend his complaint and, if he amends, must meet the stated deadlines. Bob’s Discount Furniture, LLC may either move against an amended complaint or answer it.
What happened
In Thorne v. Bob’s Discount Furniture, LLC, the court had paused the case while the Second Circuit considered appeals involving the same issues and arguments.
The Second Circuit later ruled in Calcano v. Swarovski that conclusory statements about intending to return to stores were insufficient to establish standing, meaning a plaintiff’s legal right to bring a case. The opinion does not decide whether Thorne’s original complaint meets that standard.
Judge Lewis J. Liman lifted the stay. He ordered Plaintiff to say within 30 days whether he would amend the complaint or stand on it; any amended complaint was due within 45 days, and Bob’s Discount Furniture could respond by filing a motion or an answer.
The detailed version
- Thorne v. Bob's Discount Furniture, LLC · No. 1:19-cv-10100
- Lewis Liman
- July 18, 2022
Background
The court had stayed this case pending a Second Circuit decision on appeals involving the same issues and arguments. On June 2, 2022, the Second Circuit issued its decision in Calcano v. Swarovski N. Am. Ltd. The Second Circuit held that plaintiffs’ conclusory claims that they intended to return to defendants’ stores were insufficient to allege standing. The opinion states that the mandate in that appeal had issued.
Order
The court ordered Plaintiff to submit a letter within 30 days stating whether he intended to amend his complaint in light of the Second Circuit’s decision or would stand on his original complaint. If Plaintiff intended to amend, the court gave him 45 days after the order’s issuance to do so. If he amended, Defendant could either move against the amended complaint or answer it.
The court also ordered the Clerk of Court to lift the stay. This order set procedures and deadlines; it did not decide the merits of Plaintiff’s claims or determine whether he had standing.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.