Trevor Shapiro and Johanna Qvist v. Trudy Jacobson and Stephen Komorek

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------ X : TREVOR SHAPIRO and JOHANNA QVIST, : : Plaintiffs, : 23Civ. 3964(LGS) -against- : : TRUDY JACOBSON and STEPHEN : ORDER KOMOREK, : : Defendants. : ------------------------------------------------------------ X LORNA G. SCHOFIELD, District Judge: WHEREAS, Defendants have moved for summary judgment on all claims brought by Plaintiffs. WHEREAS, Plaintiff Trevor Shapiro asserts a claim for tortious interference based on Defendants’ actions directed at Him-Eros. WHEREAS, a court has an “an independent obligation to assure that standing exists, regardless of whether it is challenged by any of the parties.” New Jersey v. Bessent, 149 F.4th 127, 141 (2d Cir. 2025). Standing must exist for each claim asserted. B.B. by Rosenthal v. Hochul, 166 F.4th 259, 271(2d Cir. 2026). WHEREAS, an individual who holds an interest in a corporate entity generally lacks standing to assert a claim on behalf of the corporate entity. See Bingham v. Zolt, 66 F.3d 553, 561-62(2d Cir. 1995)(“When the claim is that corporate property has been removed from the corporation, it is the corporation--having an independent legal identity--that must seek, on its own or derivatively, to redress its injury.”); accord Red Rock Sourcing, LLC v. JGX, LLC,No. 21 Civ. 1054, 2025 WL 524024, at *9(S.D.N.Y. Feb. 18, 2025). It is hereby ORDERED that, by March 20, 2026, the parties shall submit letter briefing, not to exceed three pages, discussing Plaintiff Shapiro’s standing to assert a claim for tortious interference based on Defendants’ conduct directed at Him-Eros. Rather than respond separately, Defendants may submit a joint letter not to exceed three pages. Dated: March 16, 2026 New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE