Patriarch Partners Management Group, LLC v. FSAR Holdings, Inc.
- Andrew Carter
- 1:20-cv-06814
- U.S. District Court · Southern District of New York
- 1
Patriarch Partners v. FSAR Holdings: Judge Carter granted plaintiffs’ voluntary dismissal without prejudice and without costs.
The plaintiffs’ voluntary dismissal ended this action without prejudice and without costs; the order concerns the action against the defendants.
What happened
In Patriarch Partners Management Group, LLC v. FSAR Holdings, Inc., the plaintiffs asked to voluntarily end the action. The case was subject to an automatic stay connected to a bankruptcy proceeding.
The court explained that approving a voluntary dismissal against a bankrupt party can support, rather than interfere with, Chapter 11’s goals. It therefore considered the dismissal under Federal Rule of Civil Procedure 41(a)(1).
Judge Carter granted the plaintiffs’ voluntary dismissal without prejudice and without costs.
The detailed version
- Patriarch Partners Management Group, LLC v. FSAR Holdings, Inc. · No. 1:20-cv-06814
- Andrew Carter
- Dec. 9, 2021
Background
The plaintiffs filed a notice of voluntary dismissal dated December 7, 2021. The court stated that the action was subject to an automatic stay entered in a related bankruptcy proceeding.
Court’s reasoning
The court relied on decisions stating that a unilateral dismissal of a claim against a bankrupt party under Federal Rule of Civil Procedure 41, when accompanied by agreement and judicial approval, supports rather than interferes with the goals of Chapter 11 bankruptcy.
Ruling
Under Rule 41(a)(1), the court granted the plaintiffs’ voluntary dismissal of the action. The dismissal was without prejudice and without costs.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.