Abadi v. City of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AARON ABADI, Plaintiff, 21 Civ. 8071 (PAE) -v- ORDER CITY OF NEW YORK, Defendant. PAUL A. ENGELMAYER, District Judge: On February 4, 2022, the Court denied plaintiff Aaron Abadi’s motion for a preliminary injunction against two executive orders related to COVID-19 vaccination requirements. Dkt. 24. On February 7, 2022, the defendant the City of New York (the “City”) moved to dismiss Abadi’s amended complaint. Dkt. 25. The same day, Abadi filed a notice of interlocutory appeal from the Court’s opinion denying his request for emergency relief. Dkt. 28. On March 9, 2022, the Court received a letter from the City arguing that the portions of Abadi’s amended complaint challenging the Key to NYC program are now moot, because Mayor Eric Adams has lifted the vaccination requirements for restaurants, indoor gyms, and places of entertainment and recreation. Dkt. 30. Abadi responded, contesting the City’s claim of mootness. Dkt. 31. On March 14, 2022, the Court held the motion to dismiss in abeyance pending the Circuit’s resolution of Abadi’s interlocutory appeal. Dkt. 32. On July 14, 2022, the Circuit’s mandate issued, denying Abadi’s motions and summarily dismissing his appeal for “lack[ing] an arguable basis either in law or in fact.” Dkt. 33 (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)). For substantially the same reasons reviewed in the Court’s opinion denying Abadi’s motion for a preliminary injunction, see Dkt. 24, the Court grants the City’s motion to dismiss Abadi’s claims, with prejudice. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). The Clerk of the Court is directed to close the motions pending at dockets 17 and 25 and to close this case.

SO ORDERED. Dated: July 14, 2022 New York, New York

PAUL A. ENGELMAYER United States District Judge