Folger v. Equifax Information Services, LLC
- Andrew Carter
- 1:19-cv-08304
- U.S. District Court · Southern District of New York
- 1
In Folger v. Equifax Information Services, LLC, Judge Carter ordered a voluntary-dismissal stipulation covering the remaining defendants.
Lionel Folger and the remaining defendants, American Express Co. and American Express National Bank.
What happened
In Folger v. Equifax Information Services, LLC, the parties jointly asked the court to administratively dismiss the case without prejudice while arbitration concluded.
The court questioned whether the case should instead be paused during arbitration. The parties responded that their situation differed from an earlier case and proposed dismissing the action without prejudice as to American Express.
Judge Andrew L. Carter, Jr. ordered the plaintiff to file a stipulation voluntarily dismissing the action under Federal Rule of Civil Procedure 41. The stipulation must cover American Express Co. and American Express National Bank, identified as the remaining defendants.
The detailed version
- Folger v. Equifax Information Services, LLC · No. 1:19-cv-08304
- Andrew Carter
- Jan. 28, 2021
Background
The parties filed a joint status report asking the court to administratively dismiss the action without prejudice while arbitration concluded. The court then issued an order requiring the parties to explain why the case should not be stayed, meaning paused, instead of dismissed while arbitration proceeded.
The parties jointly responded that this case was distinguishable from Katz v. Cellco Partnership, 794 F.3d 341 (2d Cir. 2015). They proposed stipulating to dismissal without prejudice as to American Express.
Ruling
The court ordered the plaintiff to file a stipulation of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The order stated that the stipulation should cover the remaining defendants: American Express Co. and American Express National Bank. The order did not itself state that the action was dismissed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.