Cocoyutla v. 28 Street Flowers Inc et al

Filing 9

ORDER On November 5, 2023, Plaintiff submitted a notice of voluntary dismissal, seeking to dismiss this action against Defendants without prejudice under 41(a)(1)(A)(i). Dkt. No. 7. On November 6, 2023, the Court directed counsel to review the Sec ond Circuits opinion in Samake v. Thunder Lube, Inc., 24 F.4th 804, 807 (2d Cir. 2022) and to submit a sworn affidavit in support of the stipulation by November 9, 2023. Dkt. No. 8. The Court has not received that submission. Counsel is ordered to comply with the Court's November 9, 2023 order forthwith, and in any event no later than November 16, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/13/2023) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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POLICARPO COCOYUTLA,
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Plaintiff,
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28 STREET FLOWERS, INC., et al.,
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Defendants. :
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GREGORY H. WOODS, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 11/13/2023

1:23-cv-9619-GHW
ORDER

On November 5, 2023, Plaintiff submitted a notice of voluntary dismissal, seeking to dismiss
this action against Defendants without prejudice under 41(a)(1)(A)(i). Dkt. No. 7. On November 6,
2023, the Court directed counsel to review the Second Circuit’s opinion in Samake v. Thunder Lube,
Inc., 24 F.4th 804, 807 (2d Cir. 2022) and to submit a sworn affidavit in support of the stipulation by
November 9, 2023. Dkt. No. 8. The Court has not received that submission. Counsel is ordered to
comply with the Court’s November 9, 2023 order forthwith, and in any event no later than
November 16, 2023.
SO ORDERED.
Dated: November 13, 2023
New York, New York

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GREGORY H. WOODS
United States District Judge