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Labrake v. Six Flags Enter. Corp.

Amended CAFA Complaint Dismissed; Absence of Federal Subject Matter Jurisdiction Conceded

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Heather Labrake, Stephanie Smith, and Marcy Donohue (collectively, “Plaintiffs”) bring this putative class action pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. §1332(d)(2) (“CAFA”), against defendant Six Flags Entertainment Corporation d/b/a Six Flags Great Escape Lodge (“Defendant”), alleging violations of the New York Arts and Cultural Affairs Law, and challenging purportedly undisclosed fees charged by Defendant to consumers who purchased tickets through its website. Dkt. Nos. 15, 17 (“Amended Complaint”); see also Dkt. No. 1. Presently before the Court is Defendant’s motion to dismiss the Amended Complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure (“Rule 12″). Dkt. No. 26 (“Motion”). Plaintiffs filed papers in opposition, Dkt. No. 42, and Defendant filed reply papers in further support, Dkt. No. 43. For the reasons set forth below, the Amended Complaint is dismissed without prejudice. II. BACKGROUND A. The Parties Defendant is a Delaware corporation with its principal place of business in Texas.¹ Dkt. No. 17 at 10; Dkt. No. 36-1 at 6; Dkt. No. 36-2 at 2. Defendant is a holding company that, with its consolidated subsidiaries, owns and operates regional theme parks and water parks, including the Great Escape Lodge in New York (the “Lodge”). Dkt. No. 17 at 10; Dkt. No. 36-3 at 6-7, 10, 34. Defendant is also alleged to operate a website, www.sixflagsgreatescapelodge.com, through which consumers may purchase tickets for the Lodge. See, e.g., Dkt. No. 17 at

1, 11. Plaintiffs are all individual consumers and New York citizens. Id. at

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