Opinion
Misc Action 1:19-mc-483
01-03-2022
In re Subpoena to Sadis & Goldberg, LLP v. BANKERS TRUST COMPANY OF SOUTH DAKOTA, a South Dakota Limited Liability Corporation, Defendant. SHELA M. BLACKWELL and JO ANN BATTIESTE, on behalf of the Sta-Home Health & Hospice, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated, Plaintiffs,
BAILEY & GLASSER LLP, Mark G. Boyko, BAILEY & GLASSER LLP Attorney for Plaintiffs.
BAILEY & GLASSER LLP, Mark G. Boyko, BAILEY & GLASSER LLP Attorney for Plaintiffs.
MOTION TO VOLUNTARILY DISMISS MISCELLANEOUS ACTION
Paul G. Gardephe, United States District Judge.
Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiffs Shela Blackwell and Jo Ann Battieste (“Plaintiffs”) voluntarily dismiss this miscellaneous action in which Plaintiffs filed a motion to compel Sadis & Goldberg, LLP (“Sadis”) to comply with a subpoena duces tecum (the “Motion to Compel”). In support thereof, Plaintiffs state as follows:
1. Plaintiffs opened this miscellaneous action and filed the Motion to Compel on October 24, 2019. Dkt. 1.
2. Plaintiffs, Sadis, and other parties were ultimately able to resolve the underlying discovery dispute without further involvement by this Court.
3. Sadis never served an answer or a motion for summary judgment in this miscellaneous action.
4. The underlying action, Blackwell v. Bankers Trust Company of South Dakota, 18-cv-141 (S.D.Miss.), was settled and a final judgment and order of dismissal with prejudice was entered on June 23, 2021.
5. Plaintiffs therefore respectfully request that the Court enter an order dismissing this miscellaneous action.
SO ORDERED.