MaxBounty, ULC v. Zocdoc, Inc. et al

Filing 28

ORDER: IT IS HEREBY ORDERED that the Opinion is amended to clarify that the case, and not solely the Complaint, is dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that this Order does not impact the deadline by which Plaintiff must move for leave to amend the Complaint, should Plaintiff have a good faith basis to amend, alleging facts sufficient to invoke diversity jurisdiction. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/8/2024) (tg)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X MAXBOUNTY, ULC, a Canadian Unlimited : Liability Corporation, : Plaintiff, : : -against: : : ZOCDOC, INC., a Delaware Corporation, and : DOES 1–10, inclusive, : : : Defendants. : -------------------------------------------------------------- X USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 7/8/24 24-CV-3307 (VEC) ORDER VALERIE CAPRONI, United States District Judge: WHEREAS on July 3, 2024, the Court sua sponte dismissed the Complaint for lack of subject matter jurisdiction, see Opinion, Dkt. 27; and WHEREAS Defendant answered the Complaint on May 22, 2024, and asserted counterclaims against Plaintiff, see Answer, Dkt. 13. IT IS HEREBY ORDERED that the Opinion is amended to clarify that the case, and not solely the Complaint, is dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that this Order does not impact the deadline by which Plaintiff must move for leave to amend the Complaint, should Plaintiff have a good faith basis to amend, alleging facts sufficient to invoke diversity jurisdiction. SO ORDERED. Date: July 8, 2024 New York, New York ________________________ VALERIE CAPRONI United States District Judge

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