Johnson v. Ironshore Specialty Insurance Company et al

Filing 98

ORDER: Accordingly, Plaintiff and Defendant Ironshore are directed to file, no later than January 18, 2023, a letter informing the Court of the legal authority that would permit Plaintiff and Defendant Ironshore to stipulate to the dismissal of Plaintiff's claims against Ironshore pursuant to Rule 41(a)(1)(A)(ii) without the consent of all parties that have appeared. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/17/2023) (rro)

Case 1:21-cv-03262-GHW Document 98 Filed 01/17/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BRADLEY JOHNSON,
:
:
Plaintiff(s), :
:
:
-v :
IRONSHORE SPECIALTY INSURANCE
:
COMPANY and WESTCHESTER SURPLUS
:
LINES INSURANCE COMPANY,
:
:
Defendants. :
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GREGORY H. WOODS, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 1/17/2023

1:21-cv-3262-GHW
ORDER

On January 12, 2023, Plaintiff and Defendant Ironshore Specialty Insurance Co. filed a
stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and proposed
order (the “Stipulation”). Dkt. No. 97. The Stipulation states that these two parties “hereby
stipulate, subject to the approval of the Court, to dismiss the action with prejudice, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(ii), as to Ironshore only.” See id. at 1. The Stipulation is
signed by Plaintiff and Defendant Ironshore. See id. at 2.
Rule 41(a)(1)(A)(ii) requires that a stipulation of dismissal be “signed by all parties who have
appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Defendant Westchester Surplus Lines Insurance
Company has appeared in this action but has not signed the Stipulation. See Dkt. Nos. 76, 97.
Accordingly, Plaintiff and Defendant Ironshore are directed to file, no later than January 18, 2023, a
letter informing the Court of the legal authority that would permit Plaintiff and Defendant
Ironshore to stipulate to the dismissal of Plaintiff’s claims against Ironshore pursuant to Rule

Case 1:21-cv-03262-GHW Document 98 Filed 01/17/23 Page 2 of 2

41(a)(1)(A)(ii) without the consent of all parties that have appeared.
SO ORDERED.
Dated: January 17, 2023
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

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