Estarellas v. 1199 SEIU Benefit and Pension Funds
- Vyskocil
- 1:24-cv-06996
- U.S. District Court · Southern District of New York
- 1
In Estarellas v. 1199 SEIU Benefit and Pension Funds, Judge Vyskocil discontinued the case, allowing restoration by July 30, 2025 if settlement fails.
Rosario Estarellas and 1199 SEIU Benefit and Pension Funds; the action was discontinued based on a settlement in principle, subject to the order’s restoration deadline and conditions.
What happened
Estarellas v. 1199 SEIU Benefit and Pension Funds is a case brought by Rosario Estarellas against 1199 SEIU Benefit and Pension Funds. The court was informed that the parties had reached a settlement in principle.
The court discontinued the case 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 and a restoration request was made by July 30, 2025. If no request was made by that date, the dismissal would be with prejudice. All other dates and deadlines were postponed without a new date.
Judge Mary Kay Vyskocil issued the order on June 30, 2025, and directed the Clerk of Court to mail a copy to Rosario Estarellas.
The detailed version
- Estarellas v. 1199 SEIU Benefit and Pension Funds · No. 1:24-cv-06996
- Vyskocil
- June 30, 2025
Background
The court was informed by the Magistrate Judge that Rosario Estarellas and 1199 SEIU Benefit and Pension Funds had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
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 permitted only if the parties were unable to memorialize their settlement in writing and the application to restore the action was made by July 30, 2025.
The order states that if no application to restore the action was made by that date, the dismissal would be with prejudice. The court also adjourned all other dates and deadlines without setting new dates. The Clerk of Court was directed to mail a copy of the order to Rosario Estarellas.
Disposition
The court entered an order of dismissal based on the parties’ settlement in principle. The dismissal was initially without prejudice to timely restoration under the stated conditions, but the order provided that it would become with prejudice if no restoration application was made by July 30, 2025. 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.