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S.D.N.Y.Procedural orderFiled Jan. 10, 2020

Dennis v. Jinx, Inc.

Judge
Ronnie Abrams
Docket
1:19-cv-04541
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Dennis v. Jinx, Inc., Judge Ronnie Abrams discontinued the settled-in-principle case without costs, allowing possible restoration within 45 days.

Who this affects

The order affected Derrick U. Dennis, the people he sought to represent, and Jinx, Inc. by discontinuing the action and closing the case, subject to the stated restoration procedure.

What happened

Dennis v. Jinx, Inc. was brought by Derrick U. Dennis on behalf of himself and others similarly situated against Jinx, Inc. The court was informed that the case had been settled in principle.

The court discontinued the action without costs to either party and without prejudice to restoring it to the court’s docket if an application was made within 45 days. The court also directed the Clerk of Court to close the case.

Judge Ronnie Abrams entered the order on January 10, 2020. The order did not decide the parties’ underlying claims; it addressed the case’s status after the reported settlement in principle.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Dennis v. Jinx, Inc. · No. 1:19-cv-04541
Judge
Ronnie Abrams
Date
Jan. 10, 2020

Background

The court stated that it had been informed that the case had been settled in principle. The opinion does not describe the claims, the proposed settlement’s terms, or whether a final settlement had been completed.

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 docket if an application to restore it was made within 45 days. It stated that an application to reopen filed after that period could be denied solely because it was untimely.

The court further stated that, if the parties wanted it to retain jurisdiction—the power to oversee enforcement—to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same thirty-day period. The Clerk of Court was directed to close the case.

Disposition

Judge Ronnie Abrams discontinued the action under the stated conditions. The order did not rule on the merits of the underlying dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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