Taylor v. Trigeno
- Gregory Woods
- 1:16-cv-01143
- U.S. District Court · Southern District of New York
- 2
In Taylor v. City of New York, Judge Woods conditionally discontinued the settled case without prejudice and denied fee-free appeal status.
Roy Joaquin Taylor and the defendants, including the City of New York, were affected. The settled action was conditionally discontinued, subject to possible restoration within 30 days, and the court directed that the case be closed.
What happened
In Roy Joaquin Taylor v. City of New York, et al., the court said the case had settled after a settlement conference before Magistrate Judge Ona T. Wang.
The court conditionally discontinued the action without prejudice and without costs. Within 30 days, the parties could file their settlement and dismissal agreement, or Taylor could ask to restore the case if the settlement was not completed.
Judge Woods ordered the case closed and terminated pending motions. The order would become a final discontinuance with prejudice if Taylor did not request restoration within 30 days, and the court denied fee-free appeal status after certifying that an appeal would not be taken in good faith.
The detailed version
- Taylor v. Trigeno · No. 1:16-cv-01143
- Gregory Woods
- June 13, 2024
Background
On March 25, 2024, the court referred the matter to Magistrate Judge Ona T. Wang for settlement purposes. After a settlement conference on June 4, 2024, the court was informed that the case had settled.
Order
The court ordered that the action be conditionally discontinued without prejudice and without costs. Within 30 days of the order, the parties could submit their own settlement and dismissal agreement. Alternatively, within that period, Taylor could apply by letter to restore the action to the court’s active calendar if the settlement was not completed. If Taylor requested restoration, the court would promptly return the case to the active docket and schedule further proceedings as appropriate.
The court stated that the order would be treated as a final discontinuance with prejudice if Taylor did not request restoration within the 30-day period. The court also explained that it would not retain jurisdiction to enforce a confidential settlement agreement unless the settlement terms were placed on the public record.
Appeal and case closure
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Taylor’s status allowing an appeal without prepaying fees. Judge Gregory H. Woods directed the Clerk of Court to terminate all pending motions, adjourn remaining dates, close the case, and mail Taylor a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.