a Se Waa PY SUNIONDALE, NEW YORK 11553 ae WVAe =r T: 516-203-7600 = F: 516-282-7878

August 29, 2024 Via ECF Application GRANTED. Defendant's motion to dismiss is denied as Hon. Dale E. Ho . moot without prejudice to renewing its motion as to Plaintiff's United States District Court . . amended pleadings. SO ORDERED. The Clerk of Court is Southern District of New York respectfully requested to terminate ECF No. 15 500 Pearl Street New York, NY 10007 > L. LZ Re: Theodore Parisienne v. Vox Media, LLC Dale E. Ho Case No: 1:24-cv-04507-DEH United States District Judge New York, New York Dear Judge Ho: Dated: August 30, 2024 We are the attorneys for Plaintiff Theodore Parisienne (“Plaintiff”) in this matter and write to advise the Court that Plaintiff, in response to the Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b) filed by Defendant Vox Media, LLC (“Defendant”) on August 20, 2024 (Dkt. Nos. 15-17), has filed a First Amended Complaint as of right under Fed. R. Civ. P. 15(a)(1)(B). See Ginorio v. Kenco Realty Management Corp.,

, at *2 (S.D.N.Y. March 18, 2022) (holding that plaintiff was not required to move for leave to amend the complaint because Fed. R. Civ. P. 15(a)(1) gave plaintiff the right to amend as a matter of course within 21 days after service of a motion under Rule 12(b)). By virtue of the filing of the Plaintiff's First Amended Complaint, Plaintiff respectfully requests that the Defendant’s motion be denied as the filing of such amended pleading effectively renders moot the Defendant’s motion to dismiss. See Env't Sols. Assocs. Grp., LLC v. Conopoco, Inc.,

, at *1 (S.D.N.Y. May 24, 2021) (“Where a plaintiff seeks to amend its complaint while a motion to dismiss is pending, a court ‘may either deny the pending motion to dismiss as moot or consider the merits of the motion, analyzing the facts as alleged in the amended pleading.’”) (quoting Pettaway v. Nat'l Recovery Sols., LLC,

(2d Cir. 2020)). See generally, cases in which the Court has denied the pending motion as moot: Gentile v. Crededio,

, at *3 (S.D.N.Y. July 1, 2022) (motion to dismiss denied as moot); In re Madison Asset LLC,

, at *3 (S.D.N.Y. May 11, 2021) (same); Env't Sols. Assocs. Grp., LLC,

, at *3 (same). Thank you for your consideration of this request. Respectfully submitted, /s/ Renee J. Aragona Renee J. Aragona Counsel for Plaintiff cc: via ECF: Shane M. Rumbaugh, Esq. Counsel for Defendant