Cruz v. Boulevard Brewing Company
- Ronnie Abrams
- 1:20-cv-01257
- U.S. District Court · Southern District of New York
- 1
In Cruz v. Boulevard Brewing Company, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.
Shael Cruz, Boulevard Brewing Company, and the persons described in the caption as similarly situated to Cruz.
What happened
Cruz v. Boulevard Brewing Company involved Shael Cruz, who sued Boulevard Brewing Company on behalf of himself and others described as similarly situated. The opinion says the court was told that the case had been settled in principle.
The court discontinued the action without costs to any party and without prejudice to restoring it to the court’s docket if an application was made within 30 days. The court also said any request to reopen filed after that period could be denied solely because it was late.
Judge Ronnie Abrams ordered that any request for the court to retain jurisdiction to enforce a settlement must place the settlement terms on the public record and obtain the court’s approval within the same 30-day period. She directed the Clerk of Court to close the case.
The detailed version
- Cruz v. Boulevard Brewing Company · No. 1:20-cv-01257
- Ronnie Abrams
- Apr. 23, 2020
Background
Shael Cruz brought this action against Boulevard Brewing Company on behalf of himself and all other persons similarly situated. The opinion does not describe the underlying claims. The court states only that it had been reported that the case had been settled in principle.
Disposition
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. It further ordered that any application to reopen filed after 30 days could be denied solely on that basis. The Clerk of Court was directed to close the case.
Settlement Enforcement
The court stated that, if the parties wanted it 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. The opinion cites Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015), on that requirement.
Judge’s Order
Judge Ronnie Abrams issued the order on April 23, 2020. The opinion does not state the terms of the settlement or whether the parties completed it.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.