Cadwell et al v. Citibank, N.A. et al

Filing 12

ORDER granting 10 Letter Motion to Stay re: 10 LETTER MOTION to Stay re: Case Stayed Letter Motion Requesting that the Court Lift the Stay in Docket No. 24 cv 487 So That Plaintiffs Can File a Notice of Voluntary Dismissal add ressed to Judge Gregory H. Woods from Aytan Y. Bellin date. 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)

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USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 2/7/2024 212.716.3229 646.219.1757 abellin@katskykorins.com 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

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