Herrera v. Prime Hydration LLC
- Vyskocil
- 1:25-cv-02249
- U.S. District Court · Southern District of New York
- 1
In Herrera v. Prime Hydration, Judge Vyskocil discontinued the action after settlement in principle, subject to restoration by July 3, 2025.
The plaintiff, the proposed similarly situated persons, and Prime Hydration LLC are affected by the conditional dismissal and settlement-related restoration deadline.
What happened
In Herrera v. Prime Hydration LLC, the parties told the court that they had reached a settlement in principle.
The court discontinued the action without costs to either party and allowed it to be restored if the parties could not put their settlement in writing and requested restoration by July 3, 2025.
Judge Mary Kay Vyskocil stated that if no restoration request was made by that date, the dismissal would be with prejudice. The court also postponed all other dates and deadlines.
The detailed version
- Herrera v. Prime Hydration LLC · No. 1:25-cv-02249
- Vyskocil
- June 4, 2025
Background
Edery Herrera brought this action on behalf of himself and other similarly situated persons against Prime Hydration LLC. The court received a letter from the parties stating that they had reached a settlement in principle.
Ruling
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 the application to restore the action was made by July 3, 2025.
The court further ordered that, if no restoration application was made by July 3, 2025, the dismissal would be with prejudice. It adjourned all other dates and deadlines, including the June 10, 2025 Initial Pretrial Conference, without setting a new date.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.