Calderon v. 326 Mobile of NJ Incorporated
- Ronnie Abrams
- 1:22-cv-10401
- U.S. District Court · Southern District of New York
- 1
In Calderon v. 326 Mobile, Judge Abrams approved Calderon’s voluntary dismissal without prejudice and ordered the case closed.
Sabrina Calderon, 326 Mobile of NJ Incorporated, and Isaac Marashli; the action was closed after Calderon voluntarily dismissed it without prejudice.
What happened
In Calderon v. 326 Mobile of NJ Incorporated, Sabrina Calderon filed a notice before the defendants answered, saying she was voluntarily dismissing the action.
The court found no indication that the parties had reached a settlement that might later be enforced. It also concluded that the dismissal did not improperly avoid worker-protection requirements concerning settlement approval.
Judge Ronnie Abrams approved Calderon’s voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A), without prejudice, and directed the Clerk of Court to close the action.
The detailed version
- Calderon v. 326 Mobile of NJ Incorporated · No. 1:22-cv-10401
- Ronnie Abrams
- May 2, 2023
Background
Sabrina Calderon sued 326 Mobile of NJ Incorporated and Isaac Marashli. Before the defendants filed an answer, Calderon filed a notice voluntarily dismissing the action under Federal Rule of Civil Procedure 41(a)(1)(A).
Court’s Analysis
The court noted that the record did not indicate that the parties had entered into a settlement agreement that could later be enforced. The court therefore concluded that the voluntary dismissal was not an attempt to avoid the protections for workers that can apply to certain settlements.
Disposition
Judge Ronnie Abrams ordered Calderon’s voluntary dismissal under Rule 41(a)(1)(A). The dismissal was without prejudice, and the Clerk of Court was directed to close the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.