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S.D.N.Y.Procedural orderFiled Mar. 31, 2023

Loadholt v. The Haunted Game Cafe, Inc.

Judge
Jesse Furman
Docket
1:22-cv-07459
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Loadholt v. The Haunted Game Cafe, Inc., Judge Furman denied the amended-complaint dismissal motion, finding plausible standing, and denied the original motion as moot.

Who this affects

The ruling allows Loadholt’s Amended Complaint to remain pending at this stage and requires The Haunted Game Cafe, Inc. to file an answer within fourteen days; the original dismissal motion was denied as moot.

What happened

Christopher Loadholt sued The Haunted Game Cafe, Inc. on behalf of himself and others similarly situated. The opinion addressed the defendant’s requests to dismiss the original Complaint and the Amended Complaint.

The court denied the motion to dismiss the original Complaint as moot. It also denied the motion to dismiss the Amended Complaint, concluding that, accepting the allegations as true, Loadholt alleged facts that plausibly showed he had standing to sue.

Judge Furman ordered the defendant to file an answer within fourteen days. The case otherwise remained referred to Magistrate Judge Cott for general pretrial purposes.

The detailed version

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

Case
Loadholt v. The Haunted Game Cafe, Inc. · No. 1:22-cv-07459
Judge
Jesse Furman
Date
Mar. 31, 2023

Background

Christopher Loadholt brought the action on behalf of himself and all others similarly situated against The Haunted Game Cafe, Inc. The opinion concerns the defendant’s motions to dismiss the original Complaint and the Amended Complaint.

Motions and Analysis

The court withdrew its prior reference to Magistrate Judge Cott only for the limited purpose of deciding the two motions to dismiss. It denied the motion directed at the original Complaint as moot, meaning the court did not decide that motion because it no longer required a ruling.

The court denied the motion to dismiss the Amended Complaint substantially for the reasons stated in Loadholt’s opposition. Applying the pleading-stage assumption that the complaint’s allegations are true, the court concluded that Loadholt alleged facts that affirmatively and plausibly suggested he had standing to sue. Standing is the legal requirement that a plaintiff have the necessary connection to bring a claim in federal court.

Disposition

The motion to dismiss the original Complaint was denied as moot. The motion to dismiss the Amended Complaint was denied. Judge Furman ordered The Haunted Game Cafe, Inc. to file an answer within fourteen days of the opinion and order. The matter otherwise remained referred to Magistrate Judge Cott for general pretrial purposes.

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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