Randolph v. American Express
1:24-cv-02433
S.D.N.Y.
May 9, 2024
Check Treatment
Docket
Opinion Summary

Facts

  1. Plaintiff Barbel Perissa seeks to amend the complaint to add new defendants JRA Trademark Company, Ltd. and US Outlet Stores Central Valley, LLC, while dismissing current defendants United States Polo Association and USPA Properties, Inc. [lines="27-28"].
  2. The original complaint alleges a false and misleading pricing scheme by the current defendants, primarily grounded in the New York Consumer Protection Act and related statutes. [lines="64-67"].
  3. Discovery revealed that the current defendants do not operate the retail stores or website and are not responsible for pricing decisions; instead, they license the brand to JRA Trademark and Central Valley. [lines="85-94"].
  4. The current defendants do not oppose the amendment or the dismissal request, consenting to the proposed changes. [lines="60-61"].
  5. Plaintiff argues that the amendment is timely and necessary to identify the correct entities responsible for the pricing scheme uncovered during discovery. [lines="188-189"].

Issues

  1. Whether Plaintiff demonstrated good cause for amending the complaint under Rule 16(b) given the new information obtained during discovery. [lines="106-108"].
  2. Whether the amendment and dismissal of the current defendants would comply with Rule 15(a), allowing for the amendment of pleadings. [lines="171-172"].

Holdings

  1. Plaintiff has shown good cause for the proposed amendment under Rule 16(b) as she promptly moved to amend after learning new facts through discovery. [lines="105"].
  2. The Court found that since the current defendants do not oppose the amendment, and good cause was shown, Plaintiff is granted leave to file the proposed amended complaint with new defendants. [lines="256-257"].

OPINION

*1 Case 1:24-cv-02433-LTS Document 4 Filed 05/09/24 Page 1 of 1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JAMEIN RANDOLPH,

Plaintiff,

24-CV-2433 (LTS) -against-

ORDER OF DISMISSAL AMERICAN EXPRESS,

Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated April 3, 2024, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $405.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States , 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

The Court directs the Clerk of Court to enter judgment.

SO ORDERED.

Dated: May 9, 2024

New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge