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S.D.N.Y.Procedural orderFiled May 29, 2020

Cavallo v. Time Out America LLC

Judge
Ronnie Abrams
Docket
1:20-cv-03473
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Cavallo v. Time Out America LLC, Judge Ronnie Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

Deena Cavallo and Time Out America LLC; the action was discontinued without costs, with a 30-day period to seek restoration or reopening.

What happened

Cavallo v. Time Out America LLC was reported to the court as settled. The opinion does not describe the underlying claims or the settlement terms.

Judge Ronnie Abrams discontinued the action without costs to either party and without prejudice to restoring it within 30 days. The court directed the Clerk of Court to close the case.

Judge Ronnie Abrams also said that any request to reopen filed after 30 days may be denied on that basis alone. The parties could ask the court to retain authority to enforce their settlement only if they placed its terms on the public record and obtained the court’s approval within that period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Cavallo v. Time Out America LLC · No. 1:20-cv-03473
Judge
Ronnie Abrams
Date
May 29, 2020

Background

The court stated that the case had settled. The opinion does not identify the underlying claims or disclose 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 docket if an application to restore it was made within 30 days. It directed the Clerk of Court to close the case.

The court further ordered that any application to reopen the action must be filed within 30 days of the order, and stated that an application filed later may be denied solely because it was late. If the parties wanted the court to retain jurisdiction—legal authority—to enforce the settlement agreement, they had to place the agreement’s terms on the public record and obtain the court’s approval within the same 30-day period.

Result

This order ended the case after settlement without deciding the underlying dispute. Judge Ronnie Abrams entered the discontinuance and closure order on May 29, 2020.

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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