Benham v. Colliers International NY LLC
- Vyskocil
- 1:20-cv-00414
- U.S. District Court · Southern District of New York
- 1
In Benham v. Colliers International NY LLC, Judge Vyskocil dismissed the settled case without costs, allowing restoration by April 17, 2020, after which dismissal would be with prejudice.
Matthew Benham and Colliers International NY LLC: the settled action was discontinued without costs, with an opportunity to seek restoration by April 17, 2020; otherwise, the dismissal would be with prejudice.
What happened
Benham v. Colliers International NY LLC was discontinued after Plaintiff reported to the court that the case had settled.
The order did not describe the claims or the settlement terms. It said the case was discontinued without costs to either party and could be restored to the court’s calendar if an application was made by April 17, 2020.
Judge Mary Kay Vyskocil ordered that if no application to restore the case was made by that date, the dismissal would be with prejudice.
The detailed version
- Benham v. Colliers International NY LLC · No. 1:20-cv-00414
- Vyskocil
- Mar. 17, 2020
Background
Plaintiff Matthew Benham informed the court in a March 16, 2020 letter that the case had settled. The opinion does not state the claims asserted or the terms of the settlement.
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. An application to restore the action had to be made by April 17, 2020. The order further provided that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not then be restored. Judge Mary Kay Vyskocil issued the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.