Agostini v. Origins Boutique NYC, Inc.
- Vyskocil
- 1:24-cv-08657
- U.S. District Court · Southern District of New York
- 1
In Agostini v. Origins Boutique NYC, Inc., Judge Vyskocil discontinued the action after settlement in principle, subject to restoration by February 20, 2025.
The action’s plaintiff, Lunique Agostini, and defendant, Origins Boutique NYC, Inc.; the order also concerned the people Agostini sought to represent.
What happened
In Agostini v. Origins Boutique NYC, Inc., the parties informed the court that they had reached a settlement in principle. The opinion does not describe the settlement’s terms.
The court discontinued the action without costs to either party. It allowed the parties to ask the court to restore the action if they could not put their settlement in writing, but the request had to be made by February 20, 2025.
Judge Mary Kay Vyskocil ordered that, if no restoration request was made by that date, the dismissal would be with prejudice.
The detailed version
- Agostini v. Origins Boutique NYC, Inc. · No. 1:24-cv-08657
- Vyskocil
- Jan. 21, 2025
Background
Lunique Agostini brought the action on behalf of herself and all others similarly situated against Origins Boutique NYC, Inc. The parties informed the court that they had reached a settlement in principle. The opinion does not state the settlement’s terms or indicate that the court evaluated the merits of the claims.
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 calendar if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by February 20, 2025. The court further stated that if no such application was made by that date, the dismissal would be with prejudice.
Effect
This was a procedural disposition based on the parties’ reported settlement in principle, not a decision resolving the underlying claims. Judge Mary Kay Vyskocil signed the order on January 21, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.