Opinion
20-cv-06814 (ALC)
12-09-2021
PATRIARCH PARTNERS MANAGEMENT GROUP, LLC, ET AL., Plaintiffs, v. FSAR HOLDINGS, INC, ET AL., Defendants.
ORDER
ANDREW L. CARTER, JR., UNITED STATES DISTRICT JUDGE
The Court is in receipt of Plaintiffs' Notice of Voluntary Dismissal dated December 7, 2021. This action is subject to the automatic stay entered in In re Zohar III, Corp., et al., Case No. 18-10512 (KBO) (Bankr. D. Del). However, the “unilateral dismissal of a claim against a bankrupt under Fed.R.Civ.P. 41 or its equivalent by agreement and judicial approval assists rather than interferes with the goals of Chapter 11.” Chase Manhattan Bank, N.A. v. Celotex Corp., 852 F.Supp. 226, 228 (S.D.N.Y. 1994) (citing In re Terio, 158 B.R. 907 (S.D.N.Y. 1993), aff'd, Dkt No. 93-5099, 5100 (2d Cir. April 25, 1994)). Accordingly, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs' voluntary dismissal of the above-captioned action, without prejudice and without costs, ECF No. 18, is GRANTED.
SO ORDERED.