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S.D.N.Y.Procedural orderFiled June 3, 2020

Bishop v. Syndicated Bar & Theater LLC

Judge
Ronnie Abrams
Docket
1:20-cv-00334
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Bishop v. Syndicated Bar & Theater LLC, Judge Abrams discontinued the settled-in-principle case without costs, while allowing restoration within 45 days.

Who this affects

Cedric Bishop and Syndicated Bar & Theater LLC. The case was closed, but the action could be restored if an application was made within 45 days. The parties could also ask the court to retain authority to enforce a settlement if its terms were publicly filed and approved within that period.

What happened

Bishop v. Syndicated Bar & Theater LLC was reported to have been settled in principle. The order does not describe the claims or settlement terms.

The court discontinued the case without costs to either party. It allowed either party to seek restoration within 45 days, and directed the Clerk of Court to close the case.

Judge Ronnie Abrams also required any request for the court to retain authority to enforce a settlement to place the settlement terms on the public record and obtain the court’s approval within 45 days. The plaintiff must provide the defendant with a copy of the order and file proof of service.

The detailed version

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

Case
Bishop v. Syndicated Bar & Theater LLC · No. 1:20-cv-00334
Judge
Ronnie Abrams
Date
June 3, 2020

Background

Cedric Bishop brought the action for himself and on behalf of other similarly situated people against Syndicated Bar & Theater LLC. The court was informed that the case had been settled in principle. The opinion does not state the claims, the settlement terms, or whether a settlement had been finalized.

Court’s 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 45 days. It stated that any application to reopen 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—that is, continuing authority—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 45-day period. The plaintiff was directed to provide the defendant with a copy of the order and file proof of service on the docket.

Disposition

Judge Ronnie Abrams discontinued the action without costs and without prejudice to a timely application to restore it. The order did not decide the underlying claims.

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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