Herrera v. Colorado Christian University
- Vyskocil
- 1:25-cv-02611
- U.S. District Court · Southern District of New York
- 1
In Herrera v. Colorado Christian University, Judge Vyskocil discontinued the case without costs; absent timely restoration, dismissal becomes with prejudice.
Edery Herrera, Colorado Christian University, and the other parties to the action; the caption also refers to people similarly situated to Herrera.
What happened
In Herrera v. Colorado Christian University, the parties informed the court that they had reached a settlement in principle to resolve the case.
The court discontinued the action without costs to any party. It allowed the parties to seek restoration of the case if they could not put their settlement in writing, but any request had to be made by September 17, 2025.
Judge Mary Kay Vyskocil ordered that if no timely restoration request is made, the dismissal will be with prejudice. The opinion does not decide the underlying claims.
The detailed version
- Herrera v. Colorado Christian University · No. 1:25-cv-02611
- Vyskocil
- Aug. 18, 2025
Background The plaintiff, Edery Herrera, brought the action on behalf of himself and all others similarly situated against Colorado Christian University. The opinion states that the defendant filed a letter on behalf of all parties reporting that they had reached a settlement in principle.
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 if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by September 17, 2025.
The court further ordered that if no application to restore the action was made by that date, the dismissal would be with prejudice. The opinion does not address the merits of the underlying claims or describe the settlement’s terms.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.