See Deraffele v. City of Williamsport, No. 4:14-CV-01849, 2015 WL 5781409, at *7 (M.D. Pa. Aug. 19, 2015) (fact that landlord did not show that tenants faced a substantial obstacle to asserting their own rights and interests was dispositive in denying landlord third-party standing). 4. Whether House Corp. Has Stated A Claim for Deprivation of Due Process
In addition, Microsoft cites four cases in which federal courts applied the Powers test to determine whether a plaintiff had third-party standing to assert a Fourth Amendment claim. (See Msft. Supp. Br. at 6); DeRaffele v. City of Williamsport , No. 4:14-cv-01849, 2015 WL 5781409, at *7 (M.D. Pa. Aug. 19, 2015) (applying the Powers test and concluding that the plaintiff lacked standing to assert his tenants' First, Fourth, Fifth, and Fourteenth Amendment rights because "he ha[d] not shown that the tenants face[d] a substantial obstacle to asserting their own rights and interests"); Al–Aulaqi v. Obama , 727 F.Supp.2d 1, 24 (D.D.C. 2010) (applying Powers to a Fourth Amendment claim and concluding that the plaintiff could not "show that a parent suffers an injury in fact if his adult child is threatened with a future extrajudicial killing"); Franklin v. Borough of Carteret Police Dep't , No. 10-1467 (JLL), 2010 WL 4746740, at *4 (D.N.J. Nov. 15, 2010) (applying Powers to a Fourth Amendment claim and determining that the plaintiff had third-party standing); Daly v. Morgenthau , No. 98 CIV. 3299(LMM), 1998 WL 851611, at *4 (S.D.N.Y. Dec. 9, 1998) (citing both Rakas and Powers and finding that "there is no indication that" the person not before the court was "hindered in her ability to protect her