Washington v. Berryhill, 5:18-cv-00188 (BKS/DJS). (2018)
Court: District Court, N.D. New York
Number: infdco20180904c02
Visitors: 8
Filed: Aug. 31, 2018
Latest Update: Aug. 31, 2018
Summary: ORDER BRENDA K. SANNES , District Judge . Presently before the Court is Plaintiff's motion to voluntarily dismiss this action under Fed. R. Civ. P. 41(a)(1)(A)(ii) and Local Rule 17.1. (Dkt. No. 14). Defendant's counsel consents to voluntary dismissal. (Dkt. No. 14, at 2). In support of the motion, Plaintiff has submitted a memorandum of law and an attorney affidavit. (Dkt. Nos. 14, 14-1, 15). Local Rule 17.1 provides that where, as here, an action is brought "by or on behalf of an infant,"
Summary: ORDER BRENDA K. SANNES , District Judge . Presently before the Court is Plaintiff's motion to voluntarily dismiss this action under Fed. R. Civ. P. 41(a)(1)(A)(ii) and Local Rule 17.1. (Dkt. No. 14). Defendant's counsel consents to voluntary dismissal. (Dkt. No. 14, at 2). In support of the motion, Plaintiff has submitted a memorandum of law and an attorney affidavit. (Dkt. Nos. 14, 14-1, 15). Local Rule 17.1 provides that where, as here, an action is brought "by or on behalf of an infant," ..
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ORDER
BRENDA K. SANNES, District Judge.
Presently before the Court is Plaintiff's motion to voluntarily dismiss this action under Fed. R. Civ. P. 41(a)(1)(A)(ii) and Local Rule 17.1. (Dkt. No. 14). Defendant's counsel consents to voluntary dismissal. (Dkt. No. 14, at 2). In support of the motion, Plaintiff has submitted a memorandum of law and an attorney affidavit. (Dkt. Nos. 14, 14-1, 15). Local Rule 17.1 provides that where, as here, an action is brought "by or on behalf of an infant," it "shall not be . . . voluntarily . . . dismissed . . . without leave of the Court." L.R. 17.1(a). It further provides that such proceedings "shall conform to the New York State statutes and rules" but that the Court "for good cause shown, may dispense with any New York State requirement." Id. Having reviewed the submissions in this case, the Court finds good cause to dispense with the New York State requirements, and grants Plaintiff's motion for voluntary dismissal. Accordingly, it is
ORDERED that Plaintiff's motion for voluntary dismissal (Dkt. No. 14) is GRANTED; and it is further
ORDERED that the Complaint is DISMISSED without prejudice; and it is further
ORDERED that the Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Source: Leagle
