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EFTA00029956 | EFTA00029958 Case 1:20-cv-00484-JGK-DCF Document 98 Filed 03/08/21 Page 3 of 8 files a responsive pleading or with consent of all parties], an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2); see also Paysys Int'l, Inc. v. Atos IT Servs. Ltd., 901 F.3d 105, 108 (2d Cir. 2018).1 "Rule 41(a)(2) dismissals are at the district court's discretion and only will be reviewed for an abuse of that discretion." D'Alto v. Dahon Cal., Inc., 100 F.3d 281, 283 (2d Cir. 1996). Once the district court articulates its terms for dismissal, "plaintiff . . . has the choice between accepting the conditions and obtaining dismissal and, if [the plaintiff] feels that the conditions are too burdensome, withdrawing [the plaintiff's] dismissal motion and proceeding with the case on the merits." Paysys, 901 F.3d at 109. III Ms. Maxwell objects to the plaintiff's motion to dismiss with prejudice insofar as the motion incorporates the terms set forth in the stipulation and requests that any dismissal be subject to two conditions. First, Ms. Maxwell requests that the provision in the stipulation that "each party shall bear its own attorney's fees and costs of suit" be stricken and that additional language be inserted to preserve her rights to seek her costs as the prevailing party in this action, and to sue plaintiff for damages in a subsequent action. Second, Ms. Maxwell requests that she be provided with the unredacted copy of the release that the 2 Unless otherwise noted, this Memorandum Opinion and Order omits all alterations, citations, footnotes, and internal quotation marks in quoted text. 3 EFTA00029958
February 13, 2026 at 8:27 AM