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Contract: Other | New York Southern
Stipulation of Voluntary Dismissal
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Kesin Pharma Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Narasimhan MANI. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Jacobson, Jocelyn)
Contract: Other | New Jersey
Order
TEXT ORDER This matter comes before the Court upon Defendant's pre-motion letter regarding its proposed motion to dismiss and Plaintiff's response thereto. [Docket Nos. 6, 8.] Having reviewed those letters, the Court believes that a pre-motion conference, as well as the filing of the proposed motion to dismiss, would be premature at this time in light of the Court's skepticism of its subject matter jurisdiction and Plaintiff's intention to file a motion to remand based on the same by July 10, 2026. [Docket No. 8, at 1.] If Plaintiff does not file a motion to remand, the Court intends to order the parties to show cause on the jurisdictional issue. Also rendering the proposed motion to dismiss premature is Defendant's assertion that Powerback Rehabilitation LLC--Plaintiff's business alias--filed a voluntary Chapter 11 bankruptcy petition in the Northern District of Texas. [Docket No. 6, at 3]; see In re Powerback Rehabilitation, LLC, No. 25-80191-sgj11 (Bankr. N.D. Tex. July 9, 2025). Plaintiff did not address this issue in its pre-motion letter response. See [Docket No. 8.] Therefore, Plaintiff is ORDERED to SHOW CAUSE no later than Friday, July 17, 2026, discussing the nature of the bankruptcy proceeding, the applicability of the automatic bankruptcy stay to this case, and other potential hindrances stemming from the bankruptcy petition preventing the regular prosecution of this case. Defendant is permitted to file a response no later than Friday, July 24, 2026. Furthermore, each party is ORDERED to file a Diversity Disclosure Statement required by Federal Rule of Civil Procedure 7.1(a)(2) no later than Friday, July 17, 2026. The Diversity Disclosure Statement is available at https://www.njd.uscourts.gov/sites/njd/files/forms/DiversityJurisdictionFormFillable.pdf. If this Court's concerns over its subject matter jurisdiction and the bankruptcy proceeding are assuaged, the Court will revisit Defendant's proposed motion to dismiss at that time. So Ordered by Chief Judge Renee Marie Bumb on 07/10/2026. (Costigan, Roberta)
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