Opinion

Nypl v. JP Morgan Chase & Co.

Court
District Court, S.D. New York
Filed
Nov 4, 2021
Cited by
0 cases
Authority
More cited than 27.4%

The opinion

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K

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:

JOHN NYPL, et al., :

Plaintiffs, :

: 15 Civ. 9300 (LGS)

-against- :

: ORDER

JPMORGAN CHASE & CO., et al., :

Defendants. :

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LORNA G. SCHOFIELD, District Judge:

WHEREAS, courts have an independent duty to assess subject-matter jurisdiction. SPV

OSUS, Ltd. v. UBS AG, 882 F.3d 333, 347 (2d Cir. 2018);

WHEREAS, “[t]he objection that a federal court lacks subject-matter jurisdiction may be

raised by a party, or by a court on its own initiative, at any stage in the litigation.” In Touch

Concepts, Inc. v. Cellco P’ship, 788 F.3d 98, 101 (2d Cir. 2015) (internal quotation marks

omitted);

WHEREAS, “Article III, Section 2 of the Constitution limits the subject-matter

jurisdiction of the federal courts to ‘Cases’ and ‘Controversies.’” SM Kids, LLC v. Google LLC,

963 F3d 206, 211 (2d Cir. 2020);

WHEREAS, “[t]he standing doctrine, which emerges from Article III, is designed ‘to

ensure that federal courts do not exceed their authority as it has been traditionally understood.’”

Id. (quoting Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016));

WHEREAS, plaintiffs must demonstrate standing for each claim. Town of Chester v.

Laroe Estates, Inc., 137 S Ct. 1645, 1650 (2017);

WHEREAS, Defendants provided evidence that Plaintiff Nypl lacks Article III standing.

(Dkt. No. 726 at 29). Plaintiffs did not refute this evidence. (Dkt. No. 738 at 12-13);

WHEREAS, Plaintiff Nypl is the sole Plaintiff in this action asserting a claim under the

California Unfair Competition Law. (Dkt. No. 186 at 15-16; Dkt. No. 190 fj 98-100). It is

hereby

ORDERED that Plaintiffs shall file a letter, not to exceed five pages, by November 12,

2021, explaining why the California Unfair Competition Law claim should not be dismissed for

lack of subject-matter jurisdiction. It is further

ORDERED that Defendants shall file a letter response, not to exceed five pages, by

November 19, 2021.

Dated: November 4, 2021

New York, New York

LORNA G. SCHOFIEL

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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