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S.D.N.Y.Procedural orderFiled Feb. 28, 2020

Guglielmo v. Gear Patrol, LLC

Judge
Ronnie Abrams
Docket
1:20-cv-00028
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Guglielmo v. Gear Patrol, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.

Who this affects

Joseph Guglielmo, the similarly situated people he sought to represent, and Gear Patrol, LLC. The case was closed, subject to a possible application to restore it within 30 days.

What happened

Guglielmo v. Gear Patrol, LLC was brought by Joseph Guglielmo on behalf of himself and other similarly situated people. The court was told that the case had been settled in principle.

The court discontinued the case without costs to either party. It allowed an application to restore the case to the court’s docket if filed within 30 days.

Judge Ronnie Abrams also directed the Clerk of Court to close the case. The order said that any settlement-enforcement request must put the settlement terms on the public record and obtain the court’s approval within the same 30-day period.

The detailed version

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

Case
Guglielmo v. Gear Patrol, LLC · No. 1:20-cv-00028
Judge
Ronnie Abrams
Date
Feb. 28, 2020

Background

Joseph Guglielmo brought this action on behalf of himself and all other persons similarly situated against Gear Patrol, LLC. The opinion states only that the court was told the case had been settled in principle; it does not provide the settlement’s terms or state that the court approved the settlement.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore was made within 30 days. The court stated that an application to reopen filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

The court also stated that, if the parties wanted the court to retain jurisdiction 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 30-day period. Judge Ronnie Abrams signed the order.

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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