Upstate Shredding, LLC v. Sinomet Recycling, S.A., No. 3:2008cv00940 - Document 41 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER granting Pltf's 40 Motion to Dismiss. Signed by Senior Judge Thomas J. McAvoy on 1/14/10. (sfp, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------UPSTATE SHREDDING, LLP, Plaintiff, v. 08-cv-940 SINOMET RECYCLING, S.A., Defendant. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER Plaintiff moves to voluntarily dismiss this action pursuant to Fed. R. Civ. P. 41(a)(1) on the ground that Defendant has filed for bankruptcy in Belgium and that Plaintiff will pursue its claim in connection with the Belgium bankruptcy proceeding. No opposition to the motion has been filed. Plaintiff having set forth an appropriate ground, the motion for voluntary dismissal is GRANTED. The Clerk of the Court shall close the file in this matter. IT IS SO ORDERED. Dated:January 14, 2010

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