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February 12, 2025 Plaintiff has filed an amended complaint. Dkt. No. 16. Therefore, the Via ECF motion to dismiss at Dkt. No. 12 is DENIED as moot. The parties Hon. Lewis J. Liman shall file a proposed Case Management Plan as stated in the Notice of Daniel Patrick Moynihan Initial Pretrial Conference. . United States Courthouse ee he □□ 500 Pearl St. Date: 2/13/2025 we As New York, NY 10007-1312 TLE Wis 1. LIMAN United States District Judge Re: Pepenella v. Algenist LLC et al., 1:24-cv-08688-LJL (S.D.N.Y.) Dear Judge Liman: We write on behalf of Defendant Tengram Capital Partners LP (“Tengram’’) in the above-referenced matter. This letter is to inform the Court that, pursuant to Local Civil Rule 6.1(b)(2), the deadline for Plaintiff oppose Tengram’s Motion to Dismiss the Complaint (ECF No. 12) was February 5, 2025.' As of today’s date, no opposition to Tengram’s Motion to Dismiss has been filed, and so Tengram respectfully requests that it be considered fully briefed and that its unopposed motion be granted, as Plaintiff has waived the issues raised therein. See, e.g., Johnson v. AFNI, Inc.,

, at *1 (S.D.N.Y. Apr. 15, 2023) (“[T]he plaintiff's failure to respond to the defendants’ motions to dismiss is enough on its own to justify dismissal of the complaint, because the failure to oppose a motion to dismiss a claim is deemed abandonment of the claim.”) (quotation omitted); BYD Co. Ltd. v. VICE Media LLC,

, 819 (S.D.N.Y. 2021) (“[FJailure to oppose Defendants’ specific argument in a motion to dismiss is deemed waiver of that issue.”) (citation omitted). Additionally, Tengram seeks the Court’s guidance with respect to the Notice of Initial Pretrial Conference and the proposed Case Management Plan and Scheduling Order. (ECF No. 14). In light of the unopposed motion to dismiss, Tengram requests clarification as to whether it is necessary to file a proposed Case Management Plan and Scheduling Order. Respectfully submitted, /s/ Randi W. Singer Randi W. Singer ce: All Counsel of Record (via ECF)

'No request for an extension of this deadline has been submitted. Sidley Austin (NY) LLP is a Delaware limited liability partnership doing business as Sidley Austin LLP and practicing in affiliation with other Sidley Austin partnerships.