Cohen v. DHB Industries, Inc.

SUMMARY ORDER

Intervenor-Appellant D. David Cohen appeals from an order of the United States District Court for the Eastern District of New York (Seybert, /.), dismissing the action pursuant to Federal Rule of Civil Procedure 41(a)(2). We assume the parties’ familiarity with the underlying facts and the procedural history, which we reference only as necessary to explain our conclusions.

Cohen first argues that the District Court’s dismissal of the action without consideration of his entitlement to fees contravened this Court’s mandate in Cohen v. Viray (Cohen I), 622 F.3d 188, 196 (2d Cir.…