Sheinberg v. Fluor Corp.
District Court, S.D. New York
1Opinion of the Court
OPINION
SAND, District Judge.
The Court has before it a “Stipulation of Dismissal Without Prejudice and Effectuating Order” which has been submitted on consent of all parties. Although consenting to entry of the order, counsel for defendants have called the Court’s attention to the fact that it calls for dismissal without notice to the class of an action which was denominated by plaintiff as a class and derivative action, and that such an order raises questions under Fed.R.Civ.P. 23 and 23.1 and the law in this Circuit as stated in Papilsky v. Berndt, 466 F.2d 251 (2d Cir.) cert. denied 409…
2Cases cited6 opinions
- Fed. Sec. L. Rep. P 93,592 Paulette Papilsky v. Alvin H. Berndt, and Carl W. KnoblochCourt of Appeals for the Second Circuit · 1972
- Nemeroff v. AbelsonCourt of Appeals for the Second Circuit · 1980
- Beaver Associates v. CannonDistrict Court, S.D. New York · 1973
- Robinson v. First National City BankDistrict Court, S.D. New York · 1979
- Sheinberg v. Fluor Corp.District Court, S.D. New York · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Austin v. Pennsylvania Department of CorrectionsDistrict Court, E.D. Pennsylvania · 1995
- Cranley v. National Life Ins. Co. of VermontDistrict Court, D. Vermont · 2001
- Doe ex rel. Doe v. PeralesDistrict Court, W.D. New York · 1991
- Smith v. VW Credit, Inc. (In Re Smith)United States Bankruptcy Court, N.D. Illinois · 1998
- Soskel v. Texaco, Inc.District Court, S.D. New York · 1982
2 more not listed; retrieve them via the Exa API.