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S.D.N.Y.Procedural orderFiled Oct. 11, 2022

Pearson Education, Inc. v. Does 1-100

Judge
Kimba Wood
Docket
1:17-cv-00203
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Pearson Education v. Saurabh Aggarwal, Judge Wood recognized plaintiffs’ dismissal without prejudice, resolving all claims against named defendants and closing the case.

Who this affects

Pearson Education, Inc. and the other plaintiffs, and all named defendants. The claims against the listed defendants were dismissed without prejudice, and the case was closed after the plaintiffs’ settlement with fifteen other defendants.

What happened

Pearson Education, Inc. v. Saurabh Aggarwal, et al. concerned plaintiffs’ notice voluntarily dismissing their claims against numerous defendants. The notice stated that the dismissals were without prejudice, meaning the claims were not barred from being brought again.

The court explained that Federal Rule of Civil Procedure 41 allows a plaintiff to dismiss claims without a court order before the defendant serves an answer or a summary-judgment motion. Courts in the Southern District of New York have also allowed dismissal against fewer than all defendants.

Judge Kimba M. Wood ruled that the notice was effective without a court order. After that dismissal and a settlement with fifteen other defendants, the case was resolved as to all named defendants, and the Clerk was directed to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Pearson Education, Inc. v. Does 1-100 · No. 1:17-cv-00203
Judge
Kimba Wood
Date
Oct. 11, 2022

Background

On October 5, 2022, the plaintiffs filed a notice voluntarily dismissing their claims against the defendants identified in the opinion. The notice stated that the dismissals were without prejudice. The opinion also states that the plaintiffs had settled with fifteen other defendants.

Legal standard

The court relied on Federal Rule of Civil Procedure 41(a)(1)(i), which allows a plaintiff to file a notice dismissing an action without a court order before the defendants serve an answer or a motion for summary judgment. The court also cited decisions holding that this rule permits dismissal against fewer than all defendants.

Ruling and disposition

The court acknowledged that the plaintiffs’ notice was effective, without a court order, to dismiss the plaintiffs’ claims against the identified defendants without prejudice. In light of that dismissal and the settlement with fifteen other defendants, the court stated that the action was resolved as to all named defendants. The Clerk was directed to close the case. The opinion did not decide the underlying claims on their merits.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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