Sicard v. Kirkland's Stores, Inc.

Background

The court held a pre-motion conference on April 18, 2023. Kirkland’s Stores, Inc. had contemplated two motions: one to strike Adam Sicard’s class allegations and another to dismiss the complaint in its entirety. The contemplated dismissal motion relied on Federal Rule of Civil Procedure 12(b)(1), which concerns subject-matter jurisdiction, and Rule 12(b)(6), which concerns whether a complaint states a legally sufficient claim.

Rulings

At the conference, Kirkland’s withdrew its motion to strike the class allegations with Sicard’s consent. The court treated Kirkland’s pre-motion letter as its motion to dismiss and Sicard’s response letter as his opposition. The court stated that it considered the parties’ arguments and the reasons given on the record, including district court decisions in the Second Circuit rejecting Kirkland’s arguments concerning standing and injury. The court denied Kirkland’s motion to dismiss under Rules 12(b)(1) and 12(b)(6).

Next Steps and Disposition

The court directed Kirkland’s to file its answer by May 2, 2023, and stated that a civil case management and discovery plan would be docketed separately. The opinion does not include the transcript or the full arguments made at the conference. Judge Philip M. Halpern signed the order.