Hallet v. Cipriani
- Colleen McMahon
- 1:20-cv-08925
- U.S. District Court · Southern District of New York
- 2
In Hallet v. Cipriani, Judge McMahon granted Megan Hallett’s request to voluntarily dismiss the action, closed the case, and denied fee-free appeal status.
The action brought by Megan Hallett and Earlybird Digital, Inc. against Michael F. Cipriani and Rosenthal & Rosenthal was voluntarily dismissed and closed; any appeal was denied fee-free status.
What happened
Hallet v. Cipriani involved Megan Hallett and Earlybird Digital, Inc. as plaintiffs and Michael F. Cipriani and Rosenthal & Rosenthal as defendants.
Megan Hallett asked the court to close the case because she no longer wanted to pursue it there. The court granted her request and voluntarily dismissed the action under Federal Rule of Civil Procedure 41(a).
Judge Colleen McMahon directed the Clerk to mail the order to Hallett and record service on the docket. The order closed the case and denied fee-free status for any appeal because the court certified that an appeal would not be taken in good faith.
The detailed version
- Hallet v. Cipriani · No. 1:20-cv-08925
- Colleen McMahon
- Nov. 5, 2020
Background
The plaintiffs were Megan Hallett and Earlybird Digital, Inc. The defendants were Michael F. Cipriani and Rosenthal & Rosenthal. On November 5, 2020, the court received a letter from Hallett asking to close the action because she no longer wished to pursue it in that court.
Ruling
The court granted Hallett’s request. It stated that the action was withdrawn and voluntarily dismissed under Rule 41(a) of the Federal Rules of Civil Procedure. The order closed the case. It does not state that the dismissal was with or without prejudice.
The Clerk of Court was directed to mail a copy of the order to Hallett and note service on the docket. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Judge
Chief United States District Judge Colleen McMahon issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.