Ong v. Deloitte Consulting LLP

Background

Deloitte Consulting LLP’s counsel submitted a letter on behalf of all parties reporting that the parties had reached a settlement in principle and were finalizing settlement documents. The letter referred to Yani Ong’s alleged discrimination claims.

The parties asked the court to postpone the Final Pretrial Conference and the jury trial and to conditionally dismiss the action for 45 days. They explained that the proposed settlement would include a confidentiality provision. The letter stated that New York law required Ong to receive 21 days to consider that provision and, after signing, 7 days to revoke the agreement. The letter stated that this 28-day period would expire on July 9, 2025, and that the requested dismissal period would allow the parties to complete the settlement documents and confirm payment.

Court’s action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if an application to restore was made by July 28, 2025. “Without prejudice” here meant that the action could be restored during that period. The court further ordered that if no restoration application was made by July 28, the dismissal would be with prejudice, meaning the dismissal would bar the action from being restored under that order.

The court adjourned all other dates and deadlines, including the Final Pretrial Conference and jury trial, without setting new dates. It also requested that the Clerk terminate all pending motions and close the case.

Classification and significance

This was a procedural order, not a decision on whether the discrimination claims had merit. Judge Mary Kay Vyskocil ended the active case subject to the stated deadline for restoration and the settlement-related conditions described in the parties’ letter.