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Real Property: Foreclosure | New York Eastern
Order Dismissing Case
ORDER DISMISSING CASE. On June 2, 2026, the plaintiff filed 32 a letter motion for dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2), because "[t]he subject loan has been modified." (ECF No. 32 at 1.) The plaintiff states that it contacted the defendants on May 8, 2026, May 18, 2026, and May 28, 2026, to request that they agree to a stipulation of dismissal, but the plaintiffs did not respond. (Id.)Federal Rule of Civil Procedure 41(a) provides in relevant part that when an opposing party has answered the complaint, "an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." Fed. R. Civ. P. 41(a)(1)(A)(i), 41(a)(2). "The grant or denial of a dismissal on motion under Rule 41(a)(2) is within the sound discretion of the trial court." Bynum v. Maplebear Inc., 209 F. Supp. 3d 528, 535 (E.D.N.Y. 2016) (quoting 9 Wright & Miller, Fed. Prac. & Proc. Civ. § 2364 (3d ed.)) (subsequent history omitted). The plaintiff asks the Court to dismiss the case because it "is no longer pursuing this action against any party." (ECF No. 32 at 2.) The Court finds that the defendants would suffer no legal prejudice from dismissal. See Kwan v. Schlein, 634 F.3d 224, 230–31 (2d Cir. 2011) (upholding dismissal when the district court found the party "would suffer no legal prejudice" if the court dismissed claims that the opposing party "ha[d] no intention of pursuing" absent a change in circumstances). Accordingly, the Court dismisses the action without prejudice pursuant to Rule 41(a)(2). Ordered by Judge Ann M. Donnelly on 7/17/2026. (CNG)
Case Assigned/Reassigned Case Referred to Magistrate Judge
Case Reassigned to Judge Ann M. Donnelly and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)
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