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S.D.N.Y.Procedural orderFiled June 14, 2024

Rosen v. Live Auctioneers, LLC

Judge
Vyskocil
Docket
1:24-cv-00698
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Rosen v. Live Auctioneers, LLC, Judge Vyskocil discontinued the case after a settlement in principle, allowing restoration by July 15, 2024.

Who this affects

Barry W. Rosen and Live Auctioneers, LLC; the action was discontinued based on a settlement in principle, with conditional restoration available by July 15, 2024.

What happened

In Rosen v. Live Auctioneers, LLC, the court was informed that the parties had reached a settlement in principle.

The court discontinued the action without costs to either party and allowed it to be restored if the parties could not put their settlement in writing and applied by July 15, 2024.

Judge Mary Kay Vyskocil ordered that if no application to restore the case was made by that date, the dismissal would be with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Rosen v. Live Auctioneers, LLC · No. 1:24-cv-00698
Judge
Vyskocil
Date
June 14, 2024

Background The court was informed by Magistrate Judge Tarnofsky that Barry W. Rosen and Live Auctioneers, LLC had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement's terms.

Ruling The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court's calendar if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by July 15, 2024. The court further ordered that if no application was made by that date, the dismissal would be with prejudice.

Effect The order ended the case subject to the stated restoration deadline. It did not decide the merits of the parties' underlying dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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