Professional Fighters League, LLC v. Westgate Marketing, LLC

District Court, S.D. New York

Professional Fighters League, LLC v. Westgate Marketing, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PROFESSIONAL FIGHTERS LEAGUE, LLC, Plainttt, 1:25-cv-02699 (ALC) -against- WESTGATE MARKETING, LLC, ORDER Defendant.

ANDREW L. CARTER, JR., United States District Judge: On April 4, 2025, the Court ordered Plaintiff to show cause by April 18, 2025 as to why this case should not be dismissed for failure to properly plead subject matter jurisdiction. ECF No. 3; Makarova v. United States,

201 F.3d 110, 113

(2d Cir. 2000) (“A plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.”), cert. denied,

140 S. Ct. 1117

(2020). Such showing was not made. Accordingly, this case is dismissed without prejudice for lack of subject matter jurisdiction. See Veras v. Sirawan Transportation, Inc.,

501 F. Supp. 3d 142

, 143 (E.D.N.Y. 2020) (dismissing case for failure to respond to Order to Show Cause regarding subject matter jurisdiction).

SO ORDERED. Dated: April 29, 2025 J (ee New York, New York [Arde )—~. ANDREW L. CARTER, JR. United States District Judge

Reference

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