Romero v. Ballreich Snack Food Company, LLC

Filing 25

ORDER: On April 19, 2021, Plaintiff filed a notice of voluntary dismissal of this action under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. ECF No. 23. As the Court previously noted, because Defendant has answered the Complaint, Plain tiff's Rule 41(a)(1)(A)(i) notice is invalid. See ECF No. 24. Accordingly, on April 20, 2021, the Court ordered Plaintiff to promptly file a stipulation of dismissal signed by all parties who have appeared under Rule 41(a)(1)(A)(ii), or to move for dismissal under Rule 41(a)(2). See id. To date, Plaintiff has not satisfied this obligation. No later than April 30, 2021, Plaintiff shall file an appropriate stipulation or motion or, if Plaintiff no longer intends to seek dismissal, a letter to that effect. Failure to comply with this Order may result in sanctions. SO ORDERED., ( Motions due by 4/30/2021.) (Signed by Judge Jesse M. Furman on 4/28/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOSUE ROMERO,
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Plaintiff,
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BALLREICH SNACK FOOD COMPANY, LLC,
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Defendant.
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20-CV-8533 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On April 19, 2021, Plaintiff filed a notice of voluntary dismissal of this action under Rule
41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. ECF No. 23. As the Court previously
noted, because Defendant has answered the Complaint, Plaintiff’s Rule 41(a)(1)(A)(i) notice is
invalid. See ECF No. 24. Accordingly, on April 20, 2021, the Court ordered Plaintiff to
promptly file a stipulation of dismissal signed by all parties who have appeared under Rule
41(a)(1)(A)(ii), or to move for dismissal under Rule 41(a)(2). See id. To date, Plaintiff has not
satisfied this obligation. No later than April 30, 2021, Plaintiff shall file an appropriate
stipulation or motion or, if Plaintiff no longer intends to seek dismissal, a letter to that effect.
Failure to comply with this Order may result in sanctions.
SO ORDERED.
Dated: April 28, 2021
New York, New York

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JESSE M. FURMAN
United States District Judge