Case Activity (11)

1. Order | Filed: September 03, 2026 | Entered: September 04, 2026 Gateway Commercial Finance, LLC v. Montefiore Medical Center, Inc. et al

   Contract: Other | New York Southern

   Endorsed Letter ~Util - Add and Terminate Parties

   ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Jared A. Ullman dated 8/21/2026 re: we respectfully submit this letter motion pursuant to Federal Rule of Civil Procedure 21 and Your Honor's Individual Practices in Civil Cases seeking leave to drop Defendant Montefiore Health System, Inc. ("MHS") from this action without prejudice.. ENDORSEMENT: Plaintiffs request to drop Defendant Montefiore Health System, Inc. (MHS) from this action without prejudice pursuant to Federal Rule of Civil Procedure 21 is GRANTED. Rule 21 permits the Court at any time, on just terms, to drop a party. Fed. R. Civ. P. 21. In exercising its discretion under Rule 21, the Court considers principles of fundamental fairness and judicial efficiency. See Anwar v. Fairfield Greenwich Ltd., 118 F. Supp. 3d 591, 61819 (S.D.N.Y. 2015). Because the standards governing relief under Rules 21 and 41(a)(2) are substantially the same, the considerations governing voluntary dismissal under Rule 41(a)(2) are also instructive. See In re Actos End-Payor Antitrust Litigation, 2023 WL 3868511, at *1 n.2 (S.D.N.Y. June 7, 2023) (quoting Goldberg v. Meridor, 81 F.R.D. 105, 112 n.13 (S.D.N.Y. 1979)). Those considerations include the plaintiffs diligence in bringing the motion; any undue vexatiousness on plaintiffs part; the extent to which the suit has progressed, including the defendants effort and expense in preparation for trial; the duplicative expense of relitigation; and the adequacy of plaintiffs explanation for the need to dismiss. Zagano v. Fordham University, 900 F.2d 12, 14 (2d Cir. 1990). Here, the relevant considerations favor dropping MHS without prejudice. The Court previously dismissed Plaintiffs claims against MHS without prejudice and granted Plaintiff leave to amend those claims by September 4, 2026. Plaintiff diligently sought the present relief before that deadline after electing not to amend its claims against MHS. Discovery has not commenced, Defendants have not answered, and Defendants identify no litigation expense that would be duplicated if Plaintiff later asserted different claims against MHS. Nor does the timing of Plaintiffs request demonstrate undue vexatiousness: Plaintiff seeks only to preserve the withoutprejudice effect of the Courts prior dismissal while declining to amend its claims against MHS in this action. The Court also rejects Defendants contention that Plaintiffs request constitutes an untimely motion for reconsideration. Plaintiff does not ask the Court to reconsider its July 29, 2026 Opinion and Order. Instead, Plaintiff accepts the dismissal of its claims against MHS, elects not to amend those claims, and requests that MHS be dropped as a party. MHS is therefore dropped from this action without prejudice. Plaintiffs alternative request for an extension of time to amend the Complaint is DENIED as moot.., Montefiore Health System, Inc. terminated. (Signed by Judge Nelson Stephen Roman on 9/3/2026) (rro)

2. Response | Filed: September 01, 2026 | Entered: September 01, 2026 Gateway Commercial Finance, LLC v. Montefiore Medical Center, Inc. et al

   Contract: Other | New York Southern

   Reply (non-motion)

   REPLY re: 33 Response in Opposition to Motion, . Document filed by Gateway Commercial Finance, LLC..(Ullman, Jared)

3. 9 additional result(s)