Plaintiff's request for a declaratory judgment must similarly be dismissed, because a declaratory judgment is not a freestanding remedy and cannot survive without an underlying claim to support it. Med-Plus, Inc. v. Am. Casualty Co. , 2017 WL 3393824, at *2 n.1 (E.D.N.Y. Aug. 4, 2017) ("Declaratory judgment is a remedy, ... not a freestanding cause of action."). V. CONCLUSION
Id. at 56. On a fact-based motion, "[i]f the defendant's evidence exposes a potential jurisdictional defect, the plaintiffs will need to come forward with evidence of their own, though they are entitled to rely on the allegations in the Pleading if the evidence proffered by the defendant... does not contradict plausible allegations that are themselves sufficient to show standing." Med-Plus, Inc. v. Am. Casualty Co. of Reading, PA, No. 16-CV-2985 (NGG) (JO), 2017 WL 3393824, at M (E.D.N.Y. Aug. 4, 2017). Where the moving party's "extrinsic evidence... is material and controverted," Carter, 822 F.3d at 57, "the court will analyze Defendant's Rule 12(b)(1) motion as a factual attack on jurisdiction, to be assessed based on all material evidence."
"If, at any point, a court discerns the absence of any actual, ongoing controversy, the court must dismiss the action as moot." Med-Plus, Inc. v. Am. Cas. Co. of Reading, PA, No. 16-CV-2985 (NGG)(JO), 2017 WL 3393824, at *4 (E.D.N.Y. Aug. 4, 2017) (citing Nat'l Convention Servs., L.L.C. v. Applied Underwriters Captive Risk Assurance Co., Inc., No. 15-CV-07063 (JGK), 2017 WL 945189, at *1 n.1 (S.D.N.Y. Mar. 9, 2017)).