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S.D.N.Y.Procedural orderFiled Dec. 9, 2024

Walkup v. Guitars On Main, LLC

Judge
Ronnie Abrams
Docket
1:24-cv-06212
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Walkup v. Guitars On Main, Judge Abrams discontinued the settled-in-principle action without costs, allowing restoration applications within 45 days.

Who this affects

Rick Walkup, the proposed similarly situated plaintiffs, and Guitars On Main, LLC. The case was discontinued and closed, subject to a possible restoration application within 45 days.

What happened

In Walkup v. Guitars On Main, the court reported that the parties had settled the case in principle, but the opinion does not provide the settlement’s terms or resolve the underlying claims.

The court discontinued the action without costs to either party and without prejudice to restoring it to the docket if an application was made within 45 days. An application filed later could be denied solely because it was late.

Judge Abrams directed the Clerk of Court to close the case. The order also stated that any request for the court to retain authority to enforce a settlement had to place the agreement on the public record and obtain the court’s approval within the same 30-day period.

The detailed version

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

Case
Walkup v. Guitars On Main, LLC · No. 1:24-cv-06212
Judge
Ronnie Abrams
Date
Dec. 9, 2024

Background

The court stated that it had been informed that the case had been settled in principle. The order does not describe the settlement terms, identify the claims’ merits, or state that the settlement was finally approved.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 45 days. It stated that an application filed after that period could be denied solely because it was late.

The order further stated that, if the parties wanted the court to retain authority to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.

The authoritative version

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

Open opinion PDF →
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