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McGraw Hill LLC v. Doe, 20-cv-00356 (LJL). (2020)

Court: District Court, S.D. New York Number: infdco20200218e45 Visitors: 27
Filed: Feb. 14, 2020
Latest Update: Feb. 14, 2020
Summary: ORDER LEWIS J. LIMAN , District Judge . The Court has received proposed notices of voluntary dismissal as to Defendants Benjamin Levy and Hafize Budak, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Dkt. Nos. 41, 42. Rule 41 addresses dismissal of actions rather than dismissal of parties. Treating the application as addressed to the Court's power under Rule 15 or Rule 21 or its inherent power, the Court will dismiss the complaint as against Defendants Benjamin Levy and Hafize Budak with prejud
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ORDER

The Court has received proposed notices of voluntary dismissal as to Defendants Benjamin Levy and Hafize Budak, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Dkt. Nos. 41, 42. Rule 41 addresses dismissal of actions rather than dismissal of parties. Treating the application as addressed to the Court's power under Rule 15 or Rule 21 or its inherent power, the Court will dismiss the complaint as against Defendants Benjamin Levy and Hafize Budak with prejudice and with each party to bear their own costs and fees, absent objection by any party by February 20, 2020. See Kerr v. Compagnie de Ultramar, 250 F.2d 860, 864 (2d Cir. 1958); Harvey Aluminum, Inc. v. Ican Cyanamid Co., 203 F.2d 105, 108 (2d Cir.), cert. denied, 345 U.S. 964 (1953).

SO ORDERED.

Source:  Leagle

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