Fagnani v. Nutraceutical Wellness, Inc.
- Vyskocil
- 1:24-cv-06821
- U.S. District Court · Southern District of New York
- 1
In Fagnani v. Nutraceutical Wellness, Judge Vyskocil discontinued the settled action, subject to restoration by February 24, 2025.
Mykayla Fagnani, Nutraceutical Wellness, Inc., and potentially the similarly situated people whom Fagnani sought to represent. The opinion does not provide the settlement terms.
What happened
In Fagnani v. Nutraceutical Wellness, Inc., Mykayla Fagnani brought the case for herself and other similarly situated people. The parties told the court they had reached a settlement in principle.
The court discontinued the action without costs and without prejudice to restoring it if the parties could not put their settlement in writing. Any request to restore the case had to be made by February 24, 2025; otherwise, the dismissal would be with prejudice.
Judge Vyskocil also directed the Clerk of Court to terminate the pending motion at docket entry 12. The opinion does not describe the settlement’s terms.
The detailed version
- Fagnani v. Nutraceutical Wellness, Inc. · No. 1:24-cv-06821
- Vyskocil
- Jan. 23, 2025
Background
Mykayla Fagnani sued Nutraceutical Wellness, Inc. on behalf of herself and all other persons similarly situated. The parties informed the court that they had reached a settlement in principle.
Court’s Action
The court ordered that the action be discontinued without costs to any party. The action could be restored to the court’s calendar without prejudice if the parties were unable to memorialize their settlement in writing, but any application to restore the action had to be made by February 24, 2025. If no application was made by that date, the dismissal would be with prejudice, meaning the action could not be brought again.
The court also directed the Clerk of Court to terminate the motion pending at docket entry 12. Judge Mary Kay Vyskocil signed the order on January 23, 2025. The opinion does not state the settlement’s terms or whether any class had been certified.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.