Tomer Avraham MD Plastic Surgery LLC v. 1199SEIU National Benefit Fund for Home Care Employees

• Court: District Court, S.D. New York
• Decided: February 19, 2025
• Docket: 1:24-cv-09537
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nae KX TOMER AVRAHAM MD PLASTIC : SURGERY LLC, : Plaintiff, : 24-CV-9537 (VSB) - against - : ORDER 1199SEIU NATIONAL BENEFIT FUND : FOR HOME CARE EMPLOYEES, : Defendant. : nae KX VERNON S. BRODERICK, United States District Judge: Defendant filed a motion to dismiss Plaintiff’s complaint on January 27, 2025. (See Doc. 9.) Pursuant to Local Rule 6.1(b), Plaintiff’s opposition to Defendant’s motion was due on February 10, 2025. To date, Plaintiff has not filed an opposition to the motion or taken any other action in this litigation. Accordingly, it is hereby: ORDERED that Plaintiff shall file any opposition to Defendants’ motion no later than February 24, 2025. If Plaintiff fails to oppose Defendant’s motion or otherwise submit any filing by that date, I will consider the motion as unopposed. Cf McCall v. Pataki, 232 F.2d 321, 322- 23 (2d Cir. 2000) (“If a complaint is sufficient to state a claim on which relief can be granted, the plaintiffs failure to respond to a Rule 12(b)(6) motion does not warrant dismissal.”). SO ORDERED. Dated: February 19, 2025 ie 2 | New York, New York i LANIIO QW ite Vernon S. Broderick United States District Judge