Brain v. The Execu-Search Group, LLC
- Vyskocil
- 1:22-cv-08219
- U.S. District Court · Southern District of New York
- 1
In Brain v. The Execu-Search Group, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by September 4, 2024.
Katie Brain, the proposed similarly situated parties she sought to represent, and The Execu-Search Group, LLC. The action was discontinued, subject to possible restoration by September 4, 2024, and the order states that the dismissal would be with prejudice if no timely restoration request was made.
What happened
In Brain v. The Execu-Search Group, LLC, Plaintiff Katie Brain told the court 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 September 4, 2024.
Judge Mary Kay Vyskocil ordered that the dismissal would be with prejudice if no restoration request was made by that date.
The detailed version
- Brain v. The Execu-Search Group, LLC · No. 1:22-cv-08219
- Vyskocil
- Aug. 5, 2024
Background
Katie Brain, individually and for others similarly situated, sued The Execu-Search Group, LLC. The opinion does not describe the claims or the proposed settlement's terms. Brain informed the court that the parties had reached a settlement in principle.
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. Restoration was permitted if the parties were unable to memorialize their settlement in writing and made an application to restore the action by September 4, 2024.
Effect of the Order
The order states that if no application to restore the action was made by September 4, 2024, the dismissal would be with prejudice. The opinion does not state whether the parties later finalized their settlement or whether anyone requested restoration.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.