Gannon v. Yan Ping Association, Inc.
- Gregory Woods
- 1:22-cv-01675
- U.S. District Court · Southern District of New York
- 2
In Gannon v. Yan Ping Association, Judge Woods adopted the magistrate judge’s recommendation and granted defendants’ motion to dismiss without prejudice.
Stephen Gannon’s amended complaint and the defendants named in the case; the court directed entry of judgment for defendants and closure of the case.
What happened
In Gannon v. Yan Ping Association, Inc., Stephen Gannon brought an amended complaint under the Americans with Disabilities Act and related state and city laws. Defendants moved to dismiss for lack of subject-matter jurisdiction.
Magistrate Judge Cott recommended granting the motion, concluding that Gannon lacked standing under the disability law and that this also defeated his state and city claims. No party filed a timely objection.
Judge Woods found no clear error, adopted the recommendation in full, and granted defendants’ motion to dismiss the amended complaint without prejudice. He directed the Clerk of Court to enter judgment for defendants and close the case.
The detailed version
- Gannon v. Yan Ping Association, Inc. · No. 1:22-cv-01675
- Gregory Woods
- Oct. 7, 2023
Background
Stephen Gannon filed an amended complaint individually and on behalf of others similarly situated against Yan Ping Association, Inc., and other defendants. The opinion states that the amended complaint asserted claims under the Americans with Disabilities Act (ADA), as well as state and city law.
Report and Recommendation
Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which concerns the court’s subject-matter jurisdiction. Magistrate Judge Cott issued a Report and Recommendation on September 22, 2023, recommending that the motion be granted. The recommendation concluded that Gannon lacked standing under the ADA and that his failure to establish ADA standing also defeated his state and city law claims.
Review and Ruling
No party submitted a timely objection to the Report and Recommendation. The court therefore reviewed it for clear error and found none. Judge Woods accepted and adopted the recommendation in its entirety. The court granted defendants’ motion to dismiss Gannon’s amended complaint without prejudice. The Clerk of Court was directed to enter judgment for defendants and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.