Turner v. Awake Store LLC
- Vyskocil
- 1:24-cv-07992
- U.S. District Court · Southern District of New York
- 1
In Turner v. Awake Store, Judge Vyskocil discontinued the settled action without costs, allowing restoration by June 30, 2025, or dismissal with prejudice.
Tavon Turner and Awake Store LLC; the action was discontinued based on the parties’ settlement in principle, subject to the stated deadline and conditions for restoring it.
What happened
In Turner v. Awake Store LLC, Plaintiff Tavon Turner told the court that the parties had reached a settlement in principle.
The court discontinued the case without costs to either party. The case could be restored to the court’s calendar if the parties could not put their settlement in writing and an application to restore the case was made by June 30, 2025.
Judge Mary Kay Vyskocil ordered that if no restoration application was made by that date, the dismissal would be with prejudice, meaning the action could not be brought back in this case.
The detailed version
- Turner v. Awake Store LLC · No. 1:24-cv-07992
- Vyskocil
- May 29, 2025
Background
Plaintiff Tavon Turner filed a letter informing the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
Court’s Action
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 permitted only if the parties were unable to memorialize their settlement in writing and an application to restore the action was made by June 30, 2025.
The court further ordered that if no such application was made by June 30, 2025, the dismissal would be with prejudice. The order did not decide the underlying claims on their merits.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.