Fagnani v. Babe
- Vyskocil
- 1:25-cv-05193
- U.S. District Court · Southern District of New York
- 1
In Mykayla Fagnani v. Maui Babe, Inc., Judge Vyskocil discontinued the action after settlement in principle, allowing restoration by October 10, 2025.
The parties, Mykayla Fagnani and Maui Babe, Inc., were affected. The case was closed after the reported settlement in principle, subject to possible restoration by October 10, 2025; without such an application, the dismissal would be with prejudice.
What happened
In Mykayla Fagnani v. Maui Babe, Inc., the plaintiff told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs and allowed either party to ask to restore it if they could not put the settlement in writing, but only by October 10, 2025. If no request is made by then, the dismissal becomes with prejudice. The court also directed the clerk to terminate the pending motion and close the case.
Judge Mary Kay Vyskocil entered the order on September 10, 2025.
The detailed version
- Fagnani v. Babe · No. 1:25-cv-05193
- Vyskocil
- Sept. 10, 2025
Background
The court received a letter from Mykayla Fagnani stating that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
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 if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by October 10, 2025. The order states that if no application was made by that date, the dismissal would be with prejudice.
The court also directed the Clerk of Court to terminate the motion at docket entry nine and close the case. 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.