Alta Partners, LLC v. BRC Inc.

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATION for 33 Motion to Dismiss filed by BRC Inc., 57 Report and Recommendations. Accordingly, the Court ADOPTS Judge Lehrburger's R&R in its entirety. BRC's motion to dismiss is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 33. (Signed by Judge Analisa Torres on 3/6/2025) (tg)

Case 1:24-cv-03741-AT-RWL

Document 58

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALTA PARTNERS, LLC,

Filed 03/06/25

Page 1 of 1

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: __3/6/2025___

Plaintiff,
-againstBRC INC.,

24 Civ. 3741 (AT) (RWL)
ORDER ADOPTING REPORT
AND RECOMMENDATION

Defendant.
ANALISA TORRES, District Judge:
Plaintiff, Alta Partners, LLC (“Alta”), filed this breach-of-contract action against
Defendant, BRC Inc. (“BRC”), after BRC did not permit Alta to exercise warrants for BRC stock
that Alta had previously purchased. See generally Compl., ECF No. 1. BRC moved to dismiss
Alta’s complaint, ECF No. 33, and the Court referred the motion to the Honorable Robert W.
Lehrburger, ECF No. 36. On February 18, 2025, after hearing oral argument, Judge Lehrburger
issued a report (the “R&R”) recommending that BRC’s motion be denied. See generally R&R,
ECF No. 57.
Despite notification of the right to object to the R&R, no objections were filed, and the
time to do so has passed. Id. at 36; see Fed. R. Civ. P. 72(b)(2). The Court, therefore, reviews
the R&R for clear error. See Whitley v. Bowden, No. 17 Civ. 3564, 2019 WL 1953941, at *1
(S.D.N.Y. May 1, 2019) (collecting cases). The Court finds no clear error in Judge Lehrburger’s
thorough and well-reasoned R&R.
Accordingly, the Court ADOPTS Judge Lehrburger’s R&R in its entirety. BRC’s motion
to dismiss is DENIED. The Clerk of Court is respectfully directed to terminate the motion at
ECF No. 33.
Dated: March 6, 2025
New York, New York