Velazquez v. Nextphase, Inc.

• Court: District Court, S.D. New York
• Decided: June 16, 2023
• Docket: 1:22-cv-07967
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee eK BRYAN VELAZQUEZ, on behalf of himself and all others similarly situated, PlaintiffS, -against- 22 CIVIL 7967 (CM) JUDGMENT NEXTPHASE, INC., D/B/A ONE SMALL CHILD, Defendant. wee eK

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated June 16, 2023, Defendant's motion to dismiss is GRANTED. Because he fails to satisfy the third Kriesler factor, Plaintiff has not alleged facts sufficient to establish Article III standing for his ADA claim. Those claims are therefore dismissed, but without prejudice. Having dismissed the federal claim, the Court declines to exercise supplemental jurisdiction over Plaintiffs’ NYCHRL claim. See 28 U.S.C. § 1367(c)(1); Marcus v. AT&T Corp., 138 F.3d 46, 57 (2d Cir. 1998); Harty v. Koutsourades, No. 20-CV- 2779 (PMH), 2021 WL 1299495, at *7 (S.D.N.Y. Apr. 7, 2021). It, too, is dismissed without prejudice; accordingly, the case 1s closed. Dated: New York, New York June 16, 2023 RUBY J. KRAJICK

Clerk of Court

BY: ER Deputy Clerk