Fischler v. Taft Clothing, Inc.
- Ronnie Abrams
- 1:20-cv-01676
- U.S. District Court · Southern District of New York
- 1
In Fischler v. Taft Clothing, Judge Abrams discontinued the settled case without costs and without prejudice to timely restoration.
The plaintiff, Taft Clothing, Inc., and any other persons included in the plaintiff’s asserted group were affected by the case’s discontinuance and closure, subject to the stated 30-day restoration procedure.
What happened
Fischler v. Taft Clothing, Inc. was reported to the court as settled. The opinion does not describe the settlement’s terms or decide the underlying claims.
The court discontinued the case without costs to either side. The case could be restored if an application was made within 30 days, and the court directed the Clerk to close the case.
Judge Abrams also stated that any settlement-enforcement request would require the agreement’s terms to be placed on the public record and approved by the court within that same 30-day period.
The detailed version
- Fischler v. Taft Clothing, Inc. · No. 1:20-cv-01676
- Ronnie Abrams
- May 13, 2020
Background
The court stated that it had been informed that the case had been settled. The opinion does not provide the settlement terms and does not address the merits of the plaintiff’s claims.
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. It warned that an application filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.
If the parties wanted the court to retain jurisdiction—the authority to oversee or enforce a matter—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.
Disposition
The court discontinued the action under the stated settlement-related terms. This order did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.