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S.D.N.Y.Procedural orderFiled Apr. 6, 2020

O'Rourke v. Eldorado Holding Corp.

Judge
Vyskocil
Docket
1:18-cv-09642
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In O'Rourke v. Eldorado, Judge Vyskocil discontinued the settled case without costs, allowing restoration by May 8, 2020, or dismissal with prejudice.

Who this affects

The order affected Christopher O'Rourke, Eldorado Holding Corp., and Judex Enterprises, Inc. by discontinuing their settled case, subject to the stated deadline for seeking restoration.

What happened

O'Rourke v. Eldorado Holding Corp. involved Christopher O'Rourke and defendants Eldorado Holding Corp. and Judex Enterprises, Inc. The court was told by the parties' mediator that the case had settled.

The opinion does not describe the parties' claims, the settlement terms, or any payment or other obligations. It states only that the case had been settled.

Judge Mary Kay Vyskocil ordered the case discontinued without costs to any party and without prejudice to restoring it if an application was made by May 8, 2020. If no application 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
O'Rourke v. Eldorado Holding Corp. · No. 1:18-cv-09642
Judge
Vyskocil
Date
Apr. 6, 2020

Background

The parties' mediator reported to the court that the case had settled. The opinion does not identify the claims or provide the settlement's terms.

Ruling

Judge Mary Kay Vyskocil ordered that the action be discontinued without costs to any party. The order allowed either side to seek restoration of the action to the court's calendar by May 8, 2020; this restoration option was stated to be without prejudice. If no application to restore the action was made by that date, the order stated that the dismissal would be with prejudice.

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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