Bookends & Beginnings LLC v. Amazon.com, Inc.

Background

Bookends & Beginnings LLC sued Amazon.com, Inc., and other defendants on behalf of itself and others similarly situated. The Second Amended Complaint asserted claims under the Robinson-Patman Act and the Sherman Act.

On August 3, 2023, Judge Figueredo issued a report and recommendation advising the Court to grant Defendants’ motions to dismiss. The recommendation concluded that the complaint did not plausibly allege that the pricing difference offered to Amazon was unrelated to materially different contract terms. It also concluded that the complaint did not adequately support an inference of a conspiracy among the publishers or between Amazon and the publishers.

Review of the Recommendation

The parties had fourteen days to submit specific written objections. No objection was submitted. Bookends & Beginnings instead stated that it did not intend to object and consented to dismissal.

Judge Woods therefore reviewed the unobjected-to portions of the recommendation for clear error. He found no clear error and accepted and adopted the recommendation in its entirety.

Ruling

The Court granted Defendants’ motions to dismiss. The Court then considered whether to allow Bookends & Beginnings to amend its complaint again. Although courts ordinarily allow an opportunity to amend after granting a dismissal motion, Judge Woods found good reason not to do so here: Defendants had sought dismissal with prejudice, the plaintiff had already amended twice, the plaintiff had not requested another amendment, it had not identified facts that could cure the pleading problems, and it had expressly consented to dismissal.

The motions to dismiss were granted with prejudice. The Clerk was directed to terminate the pending motions, enter judgment for Defendants, and close the case.