Ulloa v. Heidiman
- Ronnie Abrams
- 1:20-cv-03391
- U.S. District Court · Southern District of New York
- 2
In Ulloa v. Heidiman, Judge Ronnie Abrams gave Ulloa a deadline to oppose Heidiman’s dismissal motion or say he wishes to continue.
Pablo Ulloa and C.Officer Heidiman
What happened
In Ulloa v. Heidiman, C.Officer Heidiman asked the court to dismiss the action for failure to state a claim. The court did not decide that motion in this order.
Judge Ronnie Abrams ordered Pablo Ulloa to file an opposition by December 28, 2020, or inform the court by that date that he wished to continue without opposing the motion.
Judge Ronnie Abrams warned that if Ulloa did neither, the court could decide the dismissal motion without his written arguments and might dismiss the action for failing to prosecute it. The clerk was directed to mail Ulloa the order.
The detailed version
- Ulloa v. Heidiman · No. 1:20-cv-03391
- Ronnie Abrams
- Nov. 16, 2020
Background
C.Officer Heidiman filed a motion asking the court to dismiss Pablo Ulloa’s action for failure to state a claim. The opinion does not describe the underlying claims or decide whether the complaint states a legally sufficient claim.
Order
The court gave Ulloa until December 28, 2020, to file written opposition to the motion. If he did not want to oppose the motion but still wanted to proceed with the lawsuit, he had to inform the court of that decision by the same date.
The court stated that if Ulloa filed neither an opposition nor a letter saying he intended to proceed, it could treat the motion as fully submitted and decide it without Ulloa’s briefing. The court also stated that it might dismiss the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). The clerk was directed to mail the order to Ulloa.
Disposition
This order did not grant or deny the motion to dismiss. It set a deadline and warned of possible consequences if Ulloa did not respond. The court’s order was signed by Judge Ronnie Abrams.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.