UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane OX DEMON CARLINE, : Plaintiff, : : 23 Civ. 251 (LGS) -against- : : ORDER PEPSICO, INC. et al., : Defendants. :

wane COX LORNA G. SCHOFIELD, District Judge: WHEREAS, the Order dated April 18, 2023, set a briefing schedule for Defendants’ motion for summary judgment; WHEREAS, Plaintiff was to file his opposition to the motion for summary judgment by June 1, 2023; WHEREAS, Plaintiff has not filed any opposition. It is hereby ORDERED that Plaintiff shall file its opposition, not to exceed 25 pages, by June 9, 2023. If Plaintiff fails to file its opposition, the motion will be treated as unopposed. A district court “must consider the merits of [an unopposed] motion” and “unopposed motions for summary judgment must fail where the undisputed facts fail to show that the moving party is entitled to judgment as a matter of law.” D.H. Blair & Co., Inc. v. Gottdiener,

(2d Cir. 2006); accord Wimbledon Fin. Master Fund Ltd. v. Bienert Miller & Katzman, PLC,

, 376 n.7 (S.D.N.Y. 2022). The movant still bears the burden of showing that no genuine factual dispute exists. Vermont Teddy Bear Co. v. 1-800 Beargram Co.,

(2d Cir. 2004); accord Sec. & Exch. Comm'n vy. Simeo, No. 19 Civ. 8621,

, at *6 (S.D.N.Y. Sept. 3, 2021). It is further ORDERED that, if Plaintiff files an opposition, Defendants shall file their reply, not to exceed 10 pages by June 20, 2023. Dated: June 5, 2023 New York, New York LORNA G. SCHOFIEL JInITEN Vratre NiicrreiceTr Jrnncr