Star Fabrics, Inc. v. Burlington Stores, Inc.
- Vyskocil
- 1:20-cv-03340
- U.S. District Court · Southern District of New York
- 1
In Star Fabrics v. Burlington, Judge Vyskocil discontinued the case after a settlement in principle, allowing restoration by July 14, 2020.
Star Fabrics, Inc., Burlington Stores, Inc., and the other defendants named in the caption.
What happened
Star Fabrics, Inc. v. Burlington Stores, Inc. involved a letter informing the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to any party and allowed either side to ask to restore it to the court’s calendar by July 14, 2020.
Judge Mary Kay Vyskocil ordered that, if no restoration request was made by that date, the dismissal would be with prejudice. She also postponed indefinitely the deadline for the parties’ joint letter and proposed case-management plan.
The detailed version
- Star Fabrics, Inc. v. Burlington Stores, Inc. · No. 1:20-cv-03340
- Vyskocil
- May 29, 2020
Background
The court received a letter stating that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
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 calendar, provided an application to restore it was made by July 14, 2020. The order further states that, if no such application was made by that date, the dismissal would be with prejudice. The court also adjourned indefinitely the deadline for the parties to file their joint letter and proposed case-management plan.
Effect
The order discontinued the action based on the parties’ settlement in principle, while preserving the possibility of restoring it by the stated deadline. If no timely restoration application was made, the dismissal would become with prejudice, meaning the action could not be refiled. This was an order by Judge Mary Kay Vyskocil.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.