Gongora v. NYC Health & Hospital Corp. ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DIANA P. GONGORA, Plaintiff, Case No. 1:23-cv-10093 (JLR) -against- ORDER NYC HEALTH & HOSPITAL CORP., Defendant. JENNIFER L. ROCHON, United States District Judge: Defendant moved to dismiss the Complaint on April 16, 2024. ECF No. 13; see also ECF No. 17 (affidavit of service by mail). Plaintiff's deadline to respond to the motion to dismiss has passed without any response or other communication by Plaintiff. As a courtesy and in light of Plaintiffs pro se status, see Rosa v. Doe, 86 F.4th 1001, 1007 (2d Cir. 2023) (the “special solicitude” afforded to pro se litigants “includes leniency in the application of procedural rules”), the Court will permit Plaintiff to respond to Defendant’s motion to dismiss by May 24, 2024. If Plaintiff fails to do so, the Court may deem Defendant’s motion unopposed; alternatively, the Court may dismiss the action for failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. Dated: May 6, 2024 New York, New York SO ORDERED. want L. ROCHON United States District Judge