UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

AARON ABADI, Plaintiff, . 23-CV-7413 (JGLC) -against- ORDER AND OPINION THE UNITED STATES OF AMERICA, et al., Defendants.

JESSICA G. L. CLARKE, United States District Judge: Before this Court is Plaintiff Aaron Abadi’s motion for a stay of this matter pending the outcome of Plaintiffs interlocutory appeal. ECF No. 13. Generally, ‘“‘a dismissal with leave to amend is a non-final order and not appealable.” Slayton v. Am. Exp. Co.,

, 224 QQd Cir. 2006). “However, [the Second Circuit] will treat a premature appeal from a judgment granting leave to amend as an appeal from a final judgment if the deadline for amendment has passed.” Whitfield v. Johnson,

, 107 (2d Cir. 2019) (internal citations and quotation omitted). Plaintiff's deadline to amend his Complaint was November 8, 2024. See ECF No. 8. Plaintiff has not filed an Amended Complaint. Accordingly, this action is STAYED until such time as the Second Circuit resolves Plaintiff's interlocutory appeal. The Clerk of Court is directed to terminate ECF No. 13 and designate this case as stayed pending further order of this Court. Dated: November 14, 2024 New York, New York SO ORDERED.

iN { A. dL Ke dnca | KA) Re JESSICA G. L. CLARKE United States District Judge