Baerga v. City of New York et al, No. 1:2021cv05762 - Document 142 (S.D.N.Y. 2023)

Court Description: OPINION & ORDER: re: 121 MOTION to Expedite NOTICE OF MOTION FOR EXPEDITED DISCOVERY filed by Justin Baerga, Steven Greene, Giovanna Sanchez-Esquivel, Sarah Arvio, Correct Crisis Intervention Today - NYC, National Alliance on Mental Il lness of New York City, Inc., Community Access, Inc. Because this Court lacks standing over both the Individual and the Organizational Plaintiffs, it cannot decide the motion on the merits. See Wittman v. Personhuballah, 578 U.S. 539, 543 (2016) (n oting the Supreme Court could not make a determination on the merits unless the parties had standing). The motion for a preliminary injunction is thus DENIED without prejudice. See Carter v. HealthPort Techs., LLC, 822 F.3d 47, 54 (2d Cir. 2016) (a d ismissal for lack of standing is a dismissal without prejudice). The motion for expedited discovery is DENIED without prejudice as there is no "good cause" absent an impending hearing for a preliminary injunction. Mirza v. Doe #1, No. 20CV9 877, 2021 WL 2581421, at *2 (S.D.N.Y. June 23, 2021) (denying a motion to expedite discovery absent a showing of good cause). The Clerk of the Court is directed to terminate the motions at ECF Nos. 108, 122. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/30/2023) (ama)