Vargas v. Dipilato et al

Filing 120

ORDER denying as moot 104 Motion to Dismiss; terminating 116 Letter Motion for Conference re: 104 MOTION to Dismiss PURSUANT TO RULE 12(b)(6), FEDERAL RULES OF CIVIL PROCEDURE., 116 LETTER MOTION for Conference ad dressed to Judge Edgardo Ramos from David Abrams dated 03/05/2024. On January 26, 2024, LES Pizza Shop LLC (LES Pizza) filed a motion to dismiss the case against it. Doc. 104. On March 6, 2024, Vargas filed a letter motion informing the Court of his intention to move to dismiss LES Pizza from this action. Doc. 116. The next day, on March 7, 2024, Vargas voluntarily dismissed LES Pizza pursuant to Federal Rule of Civil Procedure 41. Doc. 117. Accordingly, LES Pizza's motion to dismiss is now moot. The Clerk of Court is respectfully to terminate the motion, Doc. 104 and 116. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/3/2024) (jca)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SALVADOR VARGAS, Plaintiff, – against – ORDER 21-cv-3884 (ER) ALPHONSE DIPILATO, LES PIZZA SHOP, LLC, a/k/a/ LES PIZZA, and JOHN DOES 1–5, Defendants. Ramos, D.J.: On January 26, 2024, LES Pizza Shop LLC (“LES Pizza”) filed a motion to dismiss the case against it. Doc. 104. On March 6, 2024, Vargas filed a letter motion informing the Court of his intention to move to dismiss LES Pizza from this action. Doc. 116. The next day, on March 7, 2024, Vargas voluntarily dismissed LES Pizza pursuant to Federal Rule of Civil Procedure 41. Doc. 117. Accordingly, LES Pizza’s motion to dismiss is now moot. The Clerk of Court is respectfully to terminate the motion, Doc. 104 and 116. SO ORDERED. Dated: June 3, 2024 New York, New York _______________________ Edgardo Ramos, U.S.D.J.

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