Case Activity (107)

1. Order | Filed: June 21, 2024 | Entered: June 21, 2024 Desir v. U.S. Bank National Association et al

   Consumer Credit | New York Eastern

   Order on Motion to Dismiss

   ORDER denying 61 Motion to Dismiss by Meadowbrook Financial Mortgage Bankers Corp. -- Defendant Meadowbrook's 61 letter-motion to dismiss with prejudice is denied. Under Rule 41(a)(1)(i), plaintiff is entitled to dismiss his case without a court order by filing a notice of dismissal "before the opposing party serves either an answer or a motion for summary judgment...." Fed. R. Civ. P. 41(a)(1)(i). A motion to dismiss does not qualify as an "answer" under this rule. See, e.g., Blaize-Sampeur v. McDowell, 2007 WL 1958909, at *3 n.3 (E.D.N.Y. June 29, 2007) (rejecting that a "motion to dismiss should be treated as an answer for purposes" of Rule 41); see also Matagrano v. Levitt, 2022 WL 798363, at *1 n.2 (W.D.N.Y. Mar. 16, 2022) (same). And Rule 41(a)(1)(B) makes clear that, "[u]nless the notice or stipulation states otherwise, the dismissal is without prejudice." Fed. R. Civ. P. 41(a)(1)(B). Because defendant Meadowbrook offers no authorities suggesting it is entitled to dismissal with prejudiceor that this Court should vacate its June 6 dismissalthe letter-motion is denied. Ordered by Judge Natasha C. Merle on 6/21/2024. (copy mailed). (AG)

2. Motion | Filed: June 18, 2024 | Entered: June 18, 2024 Desir v. U.S. Bank National Association et al

   Consumer Credit | New York Eastern

   Dismiss

   MOTION to Dismiss with Prejudice by Meadowbrook Financial Mortgage Bankers Corp.. (Goldberg, Daniel)

3. 105 additional result(s)