Bryant v. Silverman et al, No. 1:2015cv08427 - Document 147 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER. On September 1, 2017, Monaghan filed a letter with the Court claiming that "[t]here is no Federal Rule of procedure for changing your mind" and consenting to a dismissal with prejudice. See Dkt. 116 at 1. Hence, he reques ts that the Court enter an order confirming Bryant's request for a dismissal of this action with prejudice and without costs to any party. See id. at 2. The Court cannot do as Monaghan requests. No stipulation of dismissal "signed by all parties" was filed with the Court under Rule 41(a)(1)(A)(ii). Even if the Court construes the Notice as a request for dismissal under Rule 41(a)(2), Bryant has withdrawn the request, and Monaghan cites no authority providing that such a withd rawal is invalid. Under these circumstances, it would be improper for the Court to dismiss the action with prejudice. Therefore, Bryant's Notice at Docket 113 is deemed withdrawn. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/13/18) Copies mailed by Chambers. (yv)