Gordon v. Target Corp.

Gordon v. Target Corp.

Opinion

OPINION & ORDER

KENNETH M. KARAS, United States District Judge:

Lovelyn Gordon ("Plaintiff") brings this putative class action against Target Corporation ("Defendant"), alleging that the labeling on Defendant's "Toddler Next Stage" toddler drink is deceptive and misleading. Plaintiff asserts claims for damages against Defendant for (1) violations of §§ 349 and 350 of the New York General Business Law ("GBL"), N.Y. G.B.L. §§ 349, 350; (2) violation of the Magnuson-Moss Warranty Act ("MMWA"), 15 U.S.C. §§ 201, et seq.; (3) common law breach of express warranty; (4) common law breach of the implied warranty of merchantability; (5) common law negligent misrepresentation; (6) common law fraud; and (7) unjust enrichment. (See generally First Am. Compl. ("FAC") (Dkt. No. 11).) Plaintiff also seeks injunctive relief to correct the alleged misrepresentations. (See id. at 17.) Before the Court is Defendant's Motion To Dismiss the Amended Complaint (the "Motion"). (See Not. of Mot. (Dkt. No. 17).) For the foregoing reasons, the Motion is granted.

I. Background [*2] 

A. Materials Considered

As a threshold matter, the Court determines the proper treatment of eight documents that Defendant has requested the Court consider in deciding this Motion, either on the grounds that the documents were incorporated into the First Amended Complaint ("FAC") by reference or that the Court may take judicial notice of the documents as public records.

] Generally, "[w]hen considering a motion to dismiss, the Court's review is confined to the pleadings themselves," because "[t]o go beyond the allegations in the [c]omplaint would convert the Rule 12(b)(6) motion to dismiss into one for summary judgment pursuant to [Rule] 56." Thomas v. Westchester Cnty. Health Care Corp., 232 F. Supp. 2d 273, 275 (S.D.N.Y. 2002). "Nevertheless, the Court's consideration of documents attached to, or incorporated by reference in the [c]omplaint, and matters of which judicial notice may be taken, would not convert the motion to dismiss into one for summary judgment." Id.; see also Bellin v. Zucker, 6 F.4th 463, 473 (2d Cir. 2021) (explaining that "when ruling on Rule 12(b)(6) motions to dismiss," courts may "consider the complaint in its entirety . . . , documents incorporated into the complaint by reference, and matters of which a court may take judicial notice" (quotation marks omitted)); Hu v. City of New York, 927 F.3d 81, 88 (2d Cir. 2019) ("In deciding a Rule 12(b)(6) motion, the court may consider 'only the facts alleged [*3]  in the pleadings, documents attached as exhibits or incorporated by reference in the pleadings, and matters of which judicial notice may be taken.'" (alteration omitted) (quoting Saimels v. Air Transp. Local 504, 992 F.2d 12, 15 (2d Cir. 1993))).

And, "] in adjudicating a motion to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), a district court may resolve disputed factual issues by reference to evidence outside the pleadings, including affidavits." Rutherford v. Fla. Union Free Sch. Dist., No. 16-CV-9778, 2019 U.S. Dist. LEXIS 55971, 2019 WL 1437823, at *2 (S.D.N.Y. Mar. 29, 2019) (alterations omitted) (quoting JTE Enters., Inc. v. Cuomo, 2 F. Supp. 3d 333, 339 (E.D.N.Y. 2014)).

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