Schleifer v. Lexus of Manhattan

Filing 125

ORDER... The Court is in receipt of Stipulations of Voluntary Dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), filed by Plaintiff, dismissing the action with prejudice as to Defendant Zipwhip, Inc. [ECF 119] and Defendants Lexus of Manhattan and Bram Auto Group, LLC [ECF 123]. The dismissal of Defendants Zipwhip, Inc., Lexus of Manhattan, and Bram Auto Group, LLC is hereby GRANTED. However, the Plaintiff has not stipulated to the dismissal of Bay Ridge Automotive Management Corporation, which was named as a defendant in Plaintiff's Second Amended Complaint [ECF 101] and filed its Answer on October 16, 2019 [ECF 105]. Therefore, this case remains open. Plaintiff and Defendant Bay Ridge Automotive Management Corporation are instructed to appear for the previously scheduled Status Conference on March 25, 2020 at 10:00AM [ECF 120]. SO ORDERED., (Lexus of Manhattan and Zipwhip, Inc. terminated.) (Signed by Judge Mary Kay Vyskocil on 3/5/20) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSHUA SCHLEIFER, Individually, and on
behalf of all others similarly situated,
Plaintiff,
1:17-cv-8789

-against-

ORDER

LEXUS OF MANHATTAN, ZIPWHIP,
INC., BAY RIDGE AUTOMOTIVE
MANAGEMENT CORPORATION,
Defendants.
MARY KAY VYSKOCIL, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/5/2020

The Court is in receipt of Stipulations of Voluntary Dismissal under Federal Rule of Civil
Procedure 41(a)(1)(A)(ii), filed by Plaintiff, dismissing the action with prejudice as to Defendant
Zipwhip, Inc. [ECF 119] and Defendants Lexus of Manhattan and Bram Auto Group, LLC [ECF
123]. The dismissal of Defendants Zipwhip, Inc., Lexus of Manhattan, and Bram Auto Group,
LLC is hereby GRANTED. However, the Plaintiff has not stipulated to the dismissal of Bay
Ridge Automotive Management Corporation, which was named as a defendant in Plaintiff’s
Second Amended Complaint [ECF 101] and filed its Answer on October 16, 2019 [ECF 105].
Therefore, this case remains open. Plaintiff and Defendant Bay Ridge Automotive Management
Corporation are instructed to appear for the previously scheduled Status Conference on March
25, 2020 at 10:00AM [ECF 120].

SO ORDERED.
Date: March 5, 2020
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge