Calderon v. 326 Mobile of NJ Incorporated
Calderon v. 326 Mobile of NJ Incorporated
Trial Court Opinion
USDC-SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 5/2/2023
SABRINA CALDERON, Plaintiff, No. 22-CV-10401 (RA) v. ORDER 326 MOBILE OF NJ INCORPORATED, and ISAAC MARASHLI, Defendants.
RONNIE ABRAMS, United States District Judge: Plaintiff filed a pre-Answer notice that she was voluntarily dismissing this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)Gi). See Dkt. 5. Because there is no indication that the parties entered into a settlement agreement which may later be enforceable, and because Plaintiff here voluntarily dismissed her claims without prejudice prior to Defendants’ Answer, this is not a case wherein the parties are attempting “an end-run around the protections for workers provided in Cheeks.” King v. Fedcap Rehab. Servs., Inc.,
2021 WL 1725703, at *1 (S.D.N.Y. Mar. 4, 2021); see also Seck v. Dipna Rx., Inc.,
2017 WL 1906887(S.D.N.Y. May 8, 2017). The Court therefore so orders the Plaintiffs voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)@), and the Clerk of Court is respectfully directed to close this action.
SO ORDERED. Dated: May 2, 2023 f. / New York, New York MY ( fe ————— Hon. Ronnie Abrams United States District Judge
Reference
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