Jules et al v. Robertson
||Arielle Jules and Romania Jules
||Errol Wayne Robertson
||Errol Wayne Robertson
||April 4, 2013
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||Paul A. Engelmayer
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Personal Injury
|Jury Demanded By:
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|August 1, 2013
OPINION & ORDER: On July 22, 2013, the Court received a letter motion from counsel for plaintiffs. Dkt. 23. In that letter, plaintiffs move to voluntarily dismiss their claims without prejudice, pursuant to Rule 41(a)(2). See Fed. R. Civ. P. 4l(a)(2 ). Plaintiffs argue that the case was brought prematurely by their previous counsel, and that they require more time to "complete their medical treatment and have a full understanding of their injuries and any permanency before they enter into s ettlement negotiations or discovery." On July 30, 2013, defendant responded with a letter opposing plaintiffs' request. Dkt. 24. Defendant argues that only a brief extension of the discovery schedule is warranted, because "[the parties ] agreed to adjourn the depositions scheduled on June 19, 2013" for plaintiff Romania Jules to undergo shoulder surgery. Now that the surgery has concluded, defendant argues, "[t]here is no reason to throw this case into procedural limbo.&q uot; Under Rule 41 (a)(2), where the parties have not stipulated to a voluntary dismissal without prejudice, "an action may be dismissed at the plaintiffs request only by court order, on terms that the court considers proper." And "alt hough voluntary dismissal without prejudice is not a matter of right, the presumption in this circuit is that a court should grant dismissal pursuant to Rule 41(a)(2) absent a showing that defendants will suffer substantial prejudice as a result.&quo t; For the foregoing reasons, plaintiffs' motion to voluntarily dismiss their claims without prejudice, pursuant to Rule 41 (a)(2), is granted. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/1/2013) (rsh)
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