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S.D.N.Y.Procedural orderFiled Aug. 4, 2020

Global Empire Corporation v. iHerb, Inc.

Judge
Ronnie Abrams
Docket
1:19-cv-01836
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Global Empire v. iHerb, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.

Who this affects

Global Empire Corporation and iHerb, Inc., the parties to the discontinued action.

What happened

Global Empire Corporation v. iHerb, Inc. was reported to the court as settled in principle.

The court discontinued the case without costs to either party and without prejudice to restoring it if an application was made within 30 days.

Judge Ronnie Abrams also directed the Clerk of Court to close the case and explained that any settlement-enforcement request would need to meet specified public-record and timing requirements.

The detailed version

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

Case
Global Empire Corporation v. iHerb, Inc. · No. 1:19-cv-01836
Judge
Ronnie Abrams
Date
Aug. 4, 2020

Background

The court stated that it had been told the case was settled in principle. The opinion does not describe the claims, the settlement terms, or the parties’ underlying positions.

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 stated that any application to reopen filed after that period could be denied solely because it was late.

The court also 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 Clerk of Court was directed to close the case. The opinion does not decide the underlying claims.

Disposition

Judge Ronnie Abrams discontinued the action without costs and without prejudice to a timely application to restore it, and directed the Clerk of Court to close the case.

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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