Bookends & Beginnings LLC v. Amazon.com, Inc.
- Gregory Woods
- 1:21-cv-02584
- U.S. District Court · Southern District of New York
- 2
In Bookends & Beginnings v. Amazon.com, Judge Woods granted defendants’ motions to dismiss with prejudice and closed the case.
Bookends & Beginnings LLC and the other parties to the action were affected: defendants obtained dismissal with prejudice, and the case was closed.
What happened
Bookends & Beginnings LLC sued Amazon.com, Inc. and other defendants on behalf of itself and others described as similarly situated. The court had before it defendants’ motions to dismiss, and the court had previously allowed the complaint to be amended twice.
The court accepted and adopted the report and recommendation in full and granted defendants’ motions to dismiss. It denied permission to amend again because the plaintiff had not requested it, had not identified additional facts that could fix the problems in the pleadings, and had agreed to dismissal. The dismissal was with prejudice, and the case was closed.
Judge Gregory Woods’s court entered this judgment on August 28, 2023. The judgment states that the court’s decision was based on the reasons in its August 25 order and the report and recommendation.
The detailed version
- Bookends & Beginnings LLC v. Amazon.com, Inc. · No. 1:21-cv-02584
- Gregory Woods
- Aug. 28, 2023
Background
Bookends & Beginnings LLC brought the action on behalf of itself and others described in the caption as similarly situated. Amazon.com, Inc. and other defendants moved to dismiss the action. The plaintiff had already amended its complaint twice, most recently after an earlier court opinion.
Ruling
The court accepted and adopted the report and recommendation in its entirety. For the reasons stated in that report and recommendation, it granted defendants’ motions to dismiss.
The court separately considered whether to allow another amendment. Although leave to amend is ordinarily allowed after a motion to dismiss, the court found good reason to deny it here. The plaintiff had not requested permission to amend, had not proposed facts that could cure the identified pleading deficiencies, and had expressly consented to dismissal. The court therefore granted the motions to dismiss with prejudice and closed the case.
Effect
The judgment ended the action and barred another attempt to amend the complaint in this case. Judge Gregory Woods’s court entered the judgment dated August 28, 2023; the document itself was signed by the clerk of court or a deputy clerk.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.