Barbera v. Fendi North America, Inc.
- Vyskocil
- 1:24-cv-07598
- U.S. District Court · Southern District of New York
- 1
In Barbera v. Fendi S.R.L., Judge Vyskocil dismissed the action after a settlement in principle and allowed restoration by April 30, 2025, before dismissal with prejudice.
Robert Barbera and Fendi S.R.L.; the action was discontinued based on the parties’ reported settlement in principle, subject to the stated deadline and conditions.
What happened
In Barbera v. Fendi S.R.L., the parties told the court that they had reached a settlement in principle. The opinion does not state the terms of that proposed settlement.
The court discontinued the action without costs to either party and without prejudice to restoring it to the court’s calendar if the parties could not put their settlement in writing. Any request to restore the action had to be made by April 30, 2025. If no request was made by then, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the dismissal order on March 31, 2025.
The detailed version
- Barbera v. Fendi North America, Inc. · No. 1:24-cv-07598
- Vyskocil
- Mar. 31, 2025
Background
Robert Barbera brought the action against Fendi S.R.L. The parties informed the court that they had reached a settlement in principle. The opinion does not describe the claims or the proposed settlement’s terms.
Court’s 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. Restoration was available if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by April 30, 2025.
The court further ordered that if no application to restore the action was made by that date, the dismissal of the action would be with prejudice, meaning the action could not be reinstated through that procedure. The order did not decide the underlying claims.
Disposition
The action was discontinued under the stated settlement-related conditions. Judge Mary Kay Vyskocil signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.