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S.D.N.Y.Procedural orderFiled Feb. 27, 2020

Ace American Insurance Company v. Frey, Jr.

Judge
Vyskocil
Docket
1:17-cv-06810
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Ace American v. Frey, Jr., Judge Vyskocil dismissed the settled action, allowing restoration by March 28, 2020; otherwise, dismissal was with prejudice.

Who this affects

Ace American Insurance Company and all defendants in the action.

What happened

Ace American Insurance Company sued Sewell L. “Hunter” Frey, Jr., and other defendants. The court was told by Magistrate Judge Cott that the case had been settled.

The court discontinued the action without costs to any party and allowed it to be restored to the court’s calendar if an application was made by March 28, 2020.

Judge Vyskocil ordered that if no application to restore the case was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Ace American Insurance Company v. Frey, Jr. · No. 1:17-cv-06810
Judge
Vyskocil
Date
Feb. 27, 2020

Background

Ace American Insurance Company brought this action against Sewell L. “Hunter” Frey, Jr., the estates of Eduardo Nunez, Daniela Abreu, and Jose Henriquez, Teresa Henriquez, Abel Garcia, and Raymond Bautista. The opinion states that Magistrate Judge Cott reported the case had been settled.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar. An application to restore the action had to be made by March 28, 2020.

Effect of the Order

The court further ordered that if no application to restore the action was made by March 28, 2020, the dismissal would be with prejudice. The opinion did not describe the settlement’s terms or decide the underlying claims.

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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