Manzella v. Select Rehabilitation LLC

Background

Adrianna Manzella and Michele Dzula brought the case individually and on behalf of similarly situated people against Select Rehabilitation LLC, Select PT, OT & SLP Rehabilitation New York PLLC, Anna Gardina Wolfe, and Michael Capstick. The court had scheduled a June 28, 2024 status conference if the parties did not submit a filing addressing requirements related to their settlement.

The court’s earlier order allowed the plaintiffs to file a voluntary-dismissal stipulation under Federal Rule of Civil Procedure 41(a)(1)(A) if it included an affirmation stating that the plaintiffs had been clearly advised that the settlement would not prevent them from filing another lawsuit against the same defendants and that the settlement agreement did not release the defendants. On June 24, the plaintiffs filed a stipulation of voluntary dismissal without prejudice containing the required affirmation. On June 25, the Clerk’s Office told plaintiffs’ counsel that the filing had deficiencies and instructed counsel to re-file it properly. The plaintiffs had not re-filed it by June 27.

Ruling

Judge Valerie Caproni ordered that the June 28 status conference be canceled because the plaintiffs intended to dismiss their claims without prejudice. She further ordered the plaintiffs to correct the deficiencies identified by the Clerk’s Office and re-file the voluntary-dismissal stipulation by Friday, June 28, 2024. The order stated that failure to meet the deadline could result in sanctions. The opinion does not state that the court itself entered the dismissal.