East Coast Sheet Metal Fabricating Corp. v. Autodesk, Inc.

Filing 29

ORDER denying 28 Motion to Dismiss the Second Amended Complaint. So Ordered by Chief Judge Joseph N. Laplante.(jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
East Coast Sheet Metal Fabricating
Corp., d/b/a East Coast CAD/CAM
v.

Civil No. 12-cv-517-JL

Autodesk, Inc.
SUMMARY ORDER
The defendant has moved to dismiss the plaintiff’s second
amended complaint, arguing--incorrectly---that the plaintiff must
“factually prove” its standing to sue.

But in considering a

motion to dismiss for lack of standing under Rule 12(b)(1), this
court must “accept as true all well-pleaded factual averments in
the plaintiff's complaint and indulge all reasonable inferences
therefrom in his favor.”

Katz v. Pershing, LLC, 672 F.3d 64, 70

(1st Cir. 2012) (alterations omitted).

“[A] suit will not be

dismissed for lack of standing if there are sufficient
allegations of fact–-not proof--in the complaint or supporting
affidavits,” Gwaltney of Smithfield, Ltd. v. Chesapeake Bay
Found., Inc., 484 U.S. 49, 65 (1987) (internal quotation marks
omitted; emphasis added), although a defendant may challenge the
plaintiff’s standing through another procedural mechanism, see
id. at 65-66.

Plaintiff has met its burden, and need not respond

to the motion to dismiss (document no. 28), which is DENIED.

SO ORDERED.

____________________________
Joseph N. Laplante
United States District Judge
Dated:
cc:

June 11, 2013

George C. Summerfield, Esq.
Rolf O. Stadheim, Esq.
Steven R. Pedersen, Esq.
Kenneth C. Bartholomew, Esq.
Michael S. Lewis, Esq.
Thomas Tracy Aquilla, Esq.
Damian R. Laplaca, Esq.
Richard C. Nelson, Esq.

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