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Motor Vehicle | New York Northern
Stipulation of Dismissal
STIPULATION of Dismissal and Order of Dismissal by Katherine M. Roberts, Maureen E. Roberts submitted to Judge Honorable Christian F. Hummel. (Guetti, Christopher)
Order on Motion for Declaratory Judgment
TEXT ORDER: Pending before the Court is a proposed order by Defendants for a declaratory judgment seeking voluntary dismissal of the action without prejudice (the "Proposed Order"). Dkt. No. 33 . The Court DENIES the Proposed Order on the ground that it is procedurally improper for a defendant to move for voluntary dismissal without prejudice under Fed. R. Civ. P. 41(a). Plaintiff and Defendants may file a joint stipulation voluntarily dismissing the action without prejudice under Fed. R. Civ. P. 41(a)(1)(A)(ii), or Plaintiff may request the Court to order dismissal under Fed. R. Civ. P. 41(a)(2). SO ORDERED by Senior Judge Lawrence E. Kahn on 6/15/2022. (dpk)
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