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S.D.N.Y.Procedural orderFiled Nov. 4, 2022

Barnes v. Metro Franchising Commissary LLC

Judge
Paul Engelmayer
Docket
1:22-cv-05178
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Barnes v. Metro Franchising Commissary LLC, Judge Engelmayer ordered a joint letter about whether plaintiffs’ voluntary dismissal involved settlement benefits.

Who this affects

The plaintiffs and defendants in the action, who were directed to file a joint letter about the circumstances of the voluntary dismissal.

What happened

In Barnes v. Metro Franchising Commissary LLC, the parties filed a notice saying they voluntarily dismissed the case. The opinion does not state that the court had approved the dismissal.

The court directed the parties to file a joint letter by November 10, 2022, confirming whether the dismissal was part of a settlement that required court review. The parties specifically had to confirm that the dismissal was not obtained through any payment, promise, or other benefit from the defendants.

Judge Engelmayer issued the order on November 4, 2022. The order required the joint confirmation but did not itself rule on whether a settlement existed or approve the dismissal.

The detailed version

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

Case
Barnes v. Metro Franchising Commissary LLC · No. 1:22-cv-05178
Judge
Paul Engelmayer
Date
Nov. 4, 2022

Background

On November 3, 2022, the parties filed a notice of voluntary dismissal. The opinion refers to the dismissal of the plaintiffs’ claims but does not describe the underlying claims.

Order

The court directed the parties to file a joint letter by November 10, 2022. The letter had to confirm that the stipulation of voluntary dismissal was not part of a settlement requiring review by the court. In particular, the parties had to confirm that the plaintiffs’ dismissal was not secured through any payment, promise, or other benefit offered by the defendants.

Disposition

The court ordered the parties to provide the requested confirmation. The opinion does not state that the court approved the voluntary dismissal, determined whether court review of a settlement was required, or entered a final dismissal order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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