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S.D.N.Y.Procedural orderFiled Mar. 10, 2025

Heimlich v. Berkeley Educational Services of New York, Inc.

Judge
Vyskocil
Docket
1:24-cv-08484
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Heimlich v. Berkeley, Judge Vyskocil discontinued the action after the parties reported a settlement in principle, subject to restoration by April 10, 2025.

Who this affects

Dana Heimlich and Berkeley Educational Services of New York, Inc., doing business as Berkeley College.

What happened

In Heimlich v. Berkeley Educational Services of New York, Inc., the court was informed by the mediator and the parties that they had reached a settlement in principle.

The court discontinued the action without costs to either party. The case could be restored if the parties could not put their settlement in writing and applied to restore it by April 10, 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

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

Case
Heimlich v. Berkeley Educational Services of New York, Inc. · No. 1:24-cv-08484
Judge
Vyskocil
Date
Mar. 10, 2025

Background

The opinion states that Dana Heimlich sued Berkeley Educational Services of New York, Inc., doing business as Berkeley College. The mediator and the parties informed the court that they had reached a settlement in principle. The opinion does not describe the claims or the settlement terms.

Ruling

The court ordered that the action be discontinued without costs to any party. The discontinuance was without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by April 10, 2025. The court further stated that if no such application was made by that date, the dismissal would be with prejudice.

Judge

Judge Mary Kay Vyskocil entered the order on March 10, 2025.

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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