Kiyanitza v. Heel to Toe Foot Center, LLC
- Vyskocil
- 1:19-cv-10909
- U.S. District Court · Southern District of New York
- 1
In Kiyanitza v. Heel to Toe Foot Center, Judge Vyskocil discontinued the settled action without costs, allowing restoration by September 21, 2020.
The plaintiff and defendants in the case were affected by the discontinuance and the deadline for seeking restoration.
What happened
In Kiyanitza v. Heel to Toe Foot Center, LLC, the court was told that the parties had reached a settlement covering all issues in the case.
The court discontinued the action without costs to any party. The action could be restored to the court’s calendar if an application was made by September 21, 2020.
Judge Mary Kay Vyskocil ordered that if no restoration application was made by that date, the dismissal would be with prejudice.
The detailed version
- Kiyanitza v. Heel to Toe Foot Center, LLC · No. 1:19-cv-10909
- Vyskocil
- Aug. 21, 2020
Background The opinion states that a mediator reported to the court on August 18, 2020, that the parties represented they had reached a settlement on all issues in the case.
Ruling 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 if an application to restore it was made by September 21, 2020. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice.
Effect The order ended the case subject to the stated deadline for seeking restoration. The opinion does not describe the underlying claims or the settlement’s terms.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.