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S.D.N.Y.Procedural orderFiled Mar. 9, 2020

Swartz v. Equinox Hudson Yards, Inc.

Judge
Ronnie Abrams
Docket
1:19-cv-11747
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Swartz v. Equinox, Judge Abrams discontinued the settled case without costs or prejudice, allowing restoration within 30 days.

Who this affects

Helen Swartz and Equinox Hudson Yards, Inc.; the case was closed after the reported settlement, subject to a possible application to restore or reopen it within 30 days.

What happened

In Swartz v. Equinox Hudson Yards, Inc., the court was told that the parties had settled the case.

The court discontinued the action without costs to either party and without prejudice to restoring it if an application was made within 30 days. The court also directed the Clerk of Court to close the case.

Judge Ronnie Abrams stated that any application to reopen filed after 30 days could be denied solely for being late; the court could retain authority to enforce the settlement only if its terms were placed on the public record and approved by the court within that period.

The detailed version

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

Case
Swartz v. Equinox Hudson Yards, Inc. · No. 1:19-cv-11747
Judge
Ronnie Abrams
Date
Mar. 9, 2020

Background

The opinion states that the Court was informed that the case had been settled. It does not describe the claims, the settlement terms, or the parties’ underlying dispute.

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 30 days. The Court stated that any application to reopen filed after that period could be denied solely because it was late.

The Court also stated that, if the parties wanted the Court to retain jurisdiction—that is, authority—to enforce the 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. The Clerk of Court was directed to close the case.

Disposition

The Court discontinued the action and directed that the case be closed. The order did not decide the merits of the parties’ underlying claims. Judge Ronnie Abrams signed the order on March 9, 2020.

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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