Turk v. Rubbermaid Incorporated, No. 7:2021cv00270 - Document 35 (S.D.N.Y. 2022)
Court Description: MEMO ENDORSEMENT on re: 34 Letter Request for Clarification of Opinion & Order Dated April 26, 2022 filed by Rubbermaid Incorporated. ENDORSEMENT: Upon reflection, the Court has determined that the Action should be dismissed with prejudice. Therefore, the dismissal is hereby with prejudice. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/4/22) (yv)
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Turk v. Rubbermaid Incorporated Doc. 35 Case 7:21-cv-00270-KMK Document 35 34 Filed 05/04/22 05/02/22 Page 1 of 2 ArentFox Schiff LLP 1717 K Street NW Washington, DC 20006 202.857.6000 202.857.6395 MAIN FAX afslaw.com Brett F. Clements Associate DIRECT 202.778.6457 May 2, 2022 brett.clements@afslaw.com VIA ECF The Honorable Kenneth M. Karas United States District Court Southern District of New York 300 Quarropas Street, Courtroom 521 White Plains, New York 10601 Re: Turk, et al. v. Rubbermaid Incorporated, Case No. 7:21-cv-00270-KMK Letter Request for Clarification of Opinion & Order Dated April 26, 2022 Dear Judge Karas: We represent Defendant Rubbermaid Incorporated in the above-referenced action. Defendant respectfully requests clarification of the Court’s Opinion and Order dated April 26, 2022 (Dkt. No. 33) that dismissed this action without prejudice. That Opinion and Order notes, however, that “Plaintiffs were offered the opportunity to file an amended complaint over a month ago, and were warned that failure to file an amended complaint would result in dismissal with prejudice.” Id. at 2. Indeed, the Court previously issued an Order on March 21, 2022 (Dkt. No. 32) that permitted Plaintiffs to file a Second Amended Complaint as to some of their causes of action within 30 days and noted that, if Plaintiffs did not amend, this “[would] result in dismissal of these claims with prejudice.” For clarity in light of the March 21 and April 26 Orders, Defendant wishes to determine whether the final dismissal was with or without prejudice. We thank the Court for its consideration. Respectfully submitted, /s/ Brett F. Clements Brett F. Clements cc: All Counsel of Record (via ECF) Upon reflection, the Court has determined that the Action should be dismissed with prejudice. Therefore, the dismissal is hereby with prejudice. Smart In Your World® 5/4/22 Dockets.Justia.com Case 7:21-cv-00270-KMK Document 35 34 Filed 05/04/22 05/02/22 Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Letter Request for Clarification of Opinion & Order Dated April 26, 2022 was served via ECF on all counsel of record. Dated: May 2, 2022 By: /s/ Brett F. Clements Brett F. Clements
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