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Labor: Fair Standards | New York Southern
Notice of Voluntary Dismissal - Signed ~Util - Add and Terminate Parties
DEFENDANTS' NOTICE OF VOLUNTARY DISMISSAL OF COUNTERCLAIM WITHOUT PREJUDICE [Fed. R. Civ. P. 41(a)(1)(A)(i), 41(c)(1)] PLEASE TAKE NOTICE that, pursuant to Rules 41(a)(1)(A)(i) and 41(c)(1) of the Federal Rules of Civil Procedure, Defendants Mercer Street Hospitality, LLC and Sessanta, LLC (together, "Defendants"), by their undersigned counsel, hereby voluntarily dismiss, without prejudice, the Counterclaim asserted in Defendants Answer with Counterclaim (Dkt. No. 16), consisting of paragraphs 93 through 120 thereof and the accompanying prayer for relief (the "Counterclaim"). Plaintiff Anna Akimova has not served a responsive pleading to the Counterclaim; her time to respond was stayed by her request for a pre-motion conference. Dkt. No. 17; Individual Practices of Judge Edgardo Ramos § 2.A.ii. Dismissal of the Counterclaim is therefore available to Defendants by notice, without order of the Court. Fed. R. Civ. P. 41(c)(1). This Notice is without prejudice to any claim, defense, or right of Defendants, and nothing herein constitutes an admission by any party. Defendants have filed an Amended Answer that omits the Counterclaim. Dkt. No. 31. It is SO ORDERED. Anna Akimova terminated. (Signed by Judge Edgardo Ramos on 10/1/2026) (jca)
Memo Endorsement
MEMO ENDORSEMENT on re: 36 Letter filed by Sessanta, LLC, Mercer Street Hospitality, LLC ENDORSEMENT: Plaintiff is directed to file a letter by October 6, 2026, indicating whether she objects to Defendants' filing of the amended answer. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/1/2026) (jca)
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