Opinion
19-cv-10254 (JGK)
07-07-2022
EMANUEL DELACRUZ ET AL., Plaintiffs, v. BURBERRY LIMITED, Defendant.
ORDER
John G. Koeltl United States District Judge
In light of the recent decision of the Court of Appeals for the Second Circuit, see Calcano v. Swarovski N. Am. Ltd., 2022 WL 1788305 (2d Cir. June 2, 2022), the complaint is dismissed without prejudice for lack of subject matter jurisdiction. See, e.g., Mendez v. Victoria's Secret Stores, LLC, 19-cv-11435, ECF No. 19 (June 3, 2022); Calcano v. Tumi, Inc., 19-cv-9864, ECF No. 35 (June 7, 2022).
The plaintiff may file an amended complaint by August 8, 2022. The plaintiff should be aware of all of the cautions specified in the opinion of the Court of Appeals, as well as the additional requirements noted in the concurring opinion. The plaintiff should be aware that discovery may be permitted with respect to the allegations of subject matter jurisdiction.
SO ORDERED.