Guerrero v. Ogawa USA Inc.
- Lorna Schofield
- 1:22-cv-02583
- U.S. District Court · Southern District of New York
- 1
In Guerrero v. Ogawa USA Inc., Judge Schofield ordered Guerrero to submit a verified complaint to help resolve Ogawa’s fact-based dismissal motion.
Edelmira Guerrero was required to submit a verified complaint by May 24, 2023; Ogawa USA Inc.’s motion to dismiss remained unresolved.
What happened
In Guerrero v. Ogawa USA Inc., Ogawa USA Inc. filed a motion asking the court to dismiss Edelmira Guerrero’s amended complaint. The motion included an affidavit from Mark Holmes.
The court treated the motion as a fact-based challenge to federal jurisdiction because Ogawa submitted evidence beyond the complaint. The opinion does not decide whether the motion should be granted or denied.
Judge Lorna G. Schofield ordered Guerrero to submit a verified complaint by May 24, 2023, so the court would have evidence to resolve the motion.
The detailed version
- Guerrero v. Ogawa USA Inc. · No. 1:22-cv-02583
- Lorna Schofield
- May 18, 2023
Background
Ogawa USA Inc. moved to dismiss Edelmiра Guerrero’s First Amended Complaint on September 20, 2022. The motion was accompanied by an affidavit from Mark Holmes.
Court’s Action
The court determined that the affidavit made the motion a fact-based motion under Federal Rule of Civil Procedure 12(b)(1). That type of motion relies on evidence beyond the complaint when challenging federal subject-matter jurisdiction.
The court ordered Guerrero to submit a verified complaint by May 24, 2023, to provide an evidentiary basis for resolving Ogawa’s motion. The opinion does not state that the motion to dismiss was granted or denied.
Result
Judge Lorna G. Schofield ordered the submission of a verified complaint. This order did not decide the merits of the motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.