Reyes v. Sears Holding Corporation et al
| Victor Reyes |
| Sears Holding Corporation, Sears Roebuck & Company and XPO Logistics, Inc. |
| 2:2017cv04719 |
| August 11, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Labor: Other |
| 05 U.S.C. ยง 704 Labor Litigation |
| Plaintiff |
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Filing
57
MEMORANDUM AND ORDER: Defendant's motion to dismiss Plaintiffs Complaint for lack of standing is granted. And, because without standing the Court lacks subject-matter jurisdiction "to entertain the suit" Plaintiffs claims against the n on-moving Defendants are also dismissed. In re Indu Craft. Inc.. 630 F. App'x 27, 28 (2d Cir. 2015) ("It is well-established that a district court may raise the issue of standing sua sponte"). Plaintiffs NYLL causes of action accrued p re-bankruptcy and should have been disclosed in his bankruptcy petition. That Plaintiff knew the facts underlying his causes of action but did not understand or was ignorant of their legal significance is not enough to revive standing. Nor can Plaint iff invoke the doctrine of equitable estoppel to claim his independent contractor classification is an "act of concealment" capable of estopping Defendant's standing defense. Accordingly, the bankruptcy estate trustee, not Plaintiff, has an interest in Plaintiffs NYLL causes of action and Plaintiff does not have standing to pursue his NYLL claims in federal court. So Ordered by Judge Raymond J. Dearie on 8/7/2019. (Almonte, Giselle)
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