Delacruz v. Club Monaco U.S., LLC
- Paul Gardephe
- 1:19-cv-10255
- U.S. District Court · Southern District of New York
- 1
In Delacruz v. Club Monaco U.S., LLC, Judge Wang lifted a stay and ordered Plaintiff to explain why the case should not be dismissed for lack of standing.
Emanuel Delacruz and the other persons he seeks to represent, as well as Club Monaco U.S., LLC. The order specifically requires Plaintiff to respond to the court's concern about standing.
What happened
In Delacruz v. Club Monaco U.S., LLC, the court received a filing and lifted the stay in the case. The opinion does not explain the underlying claims or why the case had been stayed.
The court ordered Emanuel Delacruz to explain by January 5, 2023, why it should not recommend dismissing the case for lack of standing. The order cited decisions in Dominguez v. Banana Republic, LLC and Dominguez v. Taco Bell Corp. The court did not dismiss the case in this order.
Judge Ona T. Wang issued the order to show cause on December 5, 2022. The order requires Plaintiff to file the explanation on the docket.
The detailed version
- Delacruz v. Club Monaco U.S., LLC · No. 1:19-cv-10255
- Paul Gardephe
- Dec. 5, 2022
Action by the Court
The court stated that it had received ECF 12 and lifted the stay, referring to ECF 11. It then ordered Plaintiff Emanuel Delacruz to show cause—that is, to explain—by January 5, 2023, why the court should not recommend dismissal of the case for lack of standing.
Reason for the Order
The order cited decisions in Dominguez v. Banana Republic, LLC, No. 20-1559 (Second Circuit 2020), and Dominguez v. Taco Bell Corp., No. 19-10172 (LGS), 2020 WL 3263258 (Southern District of New York June 17, 2020). The opinion does not describe the underlying claims, the basis for the possible standing problem, or the arguments of either party.
Required Filing and Disposition
Plaintiff's explanation was required to be filed on the docket by January 5, 2023. Judge Ona T. Wang's order did not itself dismiss the case; it required Plaintiff to address whether dismissal should be recommended.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.