Cadwell et al v. Citibank, N.A.

Filing 91

ORDER granting 89 Letter Motion to Stay re: 89 LETTER MOTION to Stay re: 87 Order to Show Cause, Letter Motion Requesting that the Court Lift the Stay in Docket No. 24 cv 487 So That Plaintiffs Can File a Notice of Voluntary Dis missal in Docket No. 24 cv 487 addressed to Judge.The Court thanks Plaintiffs for their letter. The stay in the 2024 Action (1:24-cv-487) is hereby lifted pursuant to Plaintiffs' stated intent to file a notice of voluntary dismissal in that case. The Clerk of Court is directed to lift the stay in the 2024 Action, and to terminate the motion pending at Dkt. No. 89 in the 2023 Action (1:23-cv-1315). (Signed by Judge Gregory H. Woods on 2/7/2024) (rro)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 2/7/2024

212.716.3229
646.219.1757
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MEMORANDUM ENDORSED
February 5, 2024
VIA ECF
Hon. Gregory H. Woods, U.S.D.J.
United States District Court S.D.N.Y.
500 Pearl Street, Room 226
New York, New York 10007
Re: Cadwell v. Citibank, N.A., 23 cv 1315 (GHW) (KHP)
Cadwell v. Citibank, N.A., 24 cv 487 (GHW) (KHP)
Your Honor:
I am the attorney for Plaintiffs Jason N. Cadwell and Harald B. Findlay (the “CoTrustees”) in the above-entitled cases. After conferring with my clients after this past
Thursday’s conference with the Court, my clients have decided to voluntarily dismiss,
without prejudice, the second case listed above, Docket No. 24 cv 487, under Fed. R. Civ.
P. 41(a)(1)(A)(i). While that rule authorizes the filing of notices of voluntary dismissal
“without court order,” id., Your Honor issued a stay of proceedings in the second case
during last Thursday’s conference. Accordingly, the Co-Trustees respectfully request
that the Court lift the stay in the second case for the purpose of allowing them to file their
notice of voluntary dismissal in the second case.
Respectfully submitted,
KATSKY KORINS LLP
/s/ Aytan Y. Bellin
By: Aytan Y. Bellin
Attorneys for Plaintiffs
The Court thanks Plaintiffs for their letter. The stay in the 2024 Action (1:24-cv-487) is hereby lifted pursuant to
Plaintiffs' stated intent to file a notice of voluntary dismissal in that case. The Clerk of Court is directed to lift the
stay in the 2024 Action, and to terminate the motion pending at Dkt. No. 89 in the 2023 Action (1:23-cv-1315).

SO ORDERED.
Dated: February 7, 2024
New York, New York

_____________________________________

1

GREGORY H. WOODS
United States District Judge