UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn ee KX CHRISTOPHER LOADHOLT, on behalf of himself and: all others similarly situated, : Plaintiff, : 22-CV-7459 (JMF) -v- : MEMORANDUM OPINION : AND ORDER THE HAUNTED GAME CAFE, INC., : Defendant. :

wn ee KX JESSE M. FURMAN, United States District Judge: The Court’s order of reference to Magistrate Judge Cott, ECF No. 6, is withdrawn for the limited purpose of addressing Defendant’s motions to dismiss. See ECF Nos. 12 and 17. The motion to dismiss the original Complaint, ECF No. 12, is denied as moot. The motion to dismiss the Amended Complaint, ECF No. 17, is denied substantially for the reasons set forth in Plaintiff’s opposition, ECF No. 20. Put simply, accepting the truth of the allegations in the Amended Complaint, the Court concludes that Plaintiff alleges “facts that affirmatively and plausibly suggest that [he] has standing to sue.” Calcano v. Swarovski N. Am. Ltd.,

(2d Cir. 2022). Defendant shall file an answer within fourteen days of the date of this Memorandum Opinion and Order. See Fed. R. Civ. P. 12(a)(4)(A). Otherwise, the matter remains referred to Magistrate Judge Cott for General Pretrial Purposes. The Clerk of Court is directed to terminate ECF Nos. 12 and 17. SO ORDERED. Dated: March 31, 2023 New York, New York ESSE RMAN nited States District Judge