Toro v. Black Sheep Enterprise, Inc.

Opinion

UNITED STATES DISTRICT COURT D DO AC TE # : F ILED: 5/11/20 23 SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X ANDREW TORO, on behalf of himself and : all others similarly situated, : : Plaintiff, : -against- : 23-CV-2268 (VEC) : : ORDER BLACK SHEEP ENTERPRISE, INC., : : : Defendant. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on March 16, 2023, Plaintiff sued Black Sheep Enterprise, Inc., alleging that its failure to make its website accessible to visually impaired persons violates the Americans with Disability Act (“ADA”), the New York State Human Rights Law, and the New York City Human Rights Law, see Compl., Dkt. 1 WHEREAS on April 24, 2023, Plaintiff was ordered to move for leave to amend the complaint due to failure to allege standing, see Dkt. 7; WHEREAS on April 27, 2023, Plaintiff filed a notice of settlement seeking a stay of all deadlines, Dkt. 9; WHEREAS because Plaintiff has not adequately alleged standing, the Court lacks subject-matter jurisdiction over this case and can only dismiss the action without prejudice, see Bank v. U.S. Dep’t of Health & Human Servs., 708 F. App’x 43, 44–45 (2d Cir. 2018) (summary order); WHEREAS on May 1, 2023, the Court ordered Plaintiff to make a motion for leave to amend the complaint by May 5, 2023, or else the case would be dismissed without prejudice for lack of standing, see Dkt. 10; and WHEREAS the Court has yet to receive any response from Plaintiff. IT IS HEREBY ORDERED that this case is DISMISSED without prejudice and without costs. The Clerk of Court is respectfully directed to terminate all open motions and deadlines and to CLOSE this case.

SO ORDERED. . - Ven ep Date: May 11, 2023 VALERIE CAPRONI New York, New York United States District Judge