Velazquez v. Mellow Monkey, LLC
- Valerie Caproni
- 1:22-cv-07534
- U.S. District Court · Southern District of New York
- 2
In Velazquez v. Mellow Monkey, Judge Caproni dismissed the case without prejudice for lack of standing after no amended complaint was filed.
Bryan Velazquez, Mellow Monkey, LLC, and the putative class members identified in the complaint.
What happened
In Velazquez v. Mellow Monkey, LLC, Bryan Velazquez brought the case for himself and others similarly situated. The court had ordered him to file an amended complaint adequately alleging that he had standing to sue by October 21, 2022.
Velazquez did not file the amended complaint. The parties later told the court that they had reached an agreement in principle resolving all issues, but the court still lacked authority to decide the case because standing was not adequately alleged.
The court canceled all scheduled conferences and deadlines and dismissed the case without prejudice and without costs, including attorneys’ fees, to either party. Judge Valerie Caproni also directed the clerk to terminate the open motions and close the case.
The detailed version
- Velazquez v. Mellow Monkey, LLC · No. 1:22-cv-07534
- Valerie Caproni
- Oct. 24, 2022
Background
Bryan Velazquez sued Mellow Monkey, LLC on behalf of himself and all others similarly situated. On October 3, 2022, the court ordered Velazquez to file an amended complaint by October 21, 2022, warning that the action would be dismissed for lack of standing if he did not do so. Standing is the requirement that a plaintiff show a sufficient personal connection to the dispute to bring the case.
Velazquez did not file an amended complaint. On October 20, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues.
Ruling
The court stated that the amended complaint did not adequately allege standing. As a result, the court lacked subject-matter jurisdiction, meaning legal authority to hear and decide the case. The court therefore dismissed the action without prejudice and without costs, including attorneys’ fees, to either party.
The court canceled all previously scheduled conferences and other deadlines. It directed the clerk to terminate all open motions and close the case. Judge Valerie Caproni did not enter an order enforcing the parties’ agreement in principle in this opinion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.