Solomon v. American Federation of State, County and Municipal Employees, District Council 37, AFL-CIO

• Court: District Court, S.D. New York
• Decided: October 13, 2020
• Docket: 1:19-cv-06823
• Status: Unknown

Opinion

me Age fp. OP SS, UNITED STATES DISTRICT COURT EY be SOUTHERN DISTRICT OF NEW YORK Sa Fee a fo ee = Of Me, ep nee eee x SSP SCOTT SOLOMON, Sad dy Plaintiff, mee -against- . ORDER AMERICAN FEDERATION OF STATE, 19 Civ. 6823 (GBD) COUNTY AND MUNICIPAL EMPLOYEES, : DISTRICT COUNCIL 37, AFL-CIO, : Defendant. : eee ewe ee ew ew ee ee ew ee ee ee xX GEORGE B. DANIELS, United States District Judge: On May 26, 2020, Defendant moved to dismiss Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and Rule 12(b)(6) for failure to state a claim. (Notice of Mot. to Dismiss, ECF No. 23.) In his response to Defendant’s motion, Plaintiff concedes that the recent decision by the United States Court of Appeals for the Second Circuit in Wholean v. CSEA SEIU Local 2001, 955 F.3d 332 (2d Cir. 2020), forecloses the relief sought by Plaintiff in the above-captioned action. (See Resp. to Mot. to Dismiss, ECF No. 25, at 2.) Accordingly, Plaintiff acknowledges that Wholean requires this Court to grant Defendant’s motion to dismiss. (/d. at 3.) Defendant’s motion to dismiss, (ECF No. 23), is GRANTED. The Clerk of Court is directed to close this motion accordingly. The conference scheduled for October 21, 2020 at 9:45 am is canceled.

Dated: New York, New York October 13, 2020 SO ORDERED. f~ □□ 4 A j LbAbe D onirk ORGE/B. DANIELS hited States District Judge