Calderon v. 326 Mobile of NJ Incorporated

District Court, S.D. New York

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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