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S.D.N.Y.Procedural orderFiled Aug. 28, 2020

BKST Brand Holdings LLC v. Team International Group of America, Inc.

Judge
Ronnie Abrams
Docket
1:20-cv-04226
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In BKST Brand Holdings v. Team International, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

BKST Brand Holdings LLC and Team International Group of America, Inc. d/b/a Kalorik; the order discontinued their action and set a 30-day period for seeking restoration or court retention of jurisdiction to enforce a settlement.

What happened

BKST Brand Holdings LLC v. Team International Group of America, Inc. was reported settled in principle. The opinion does not state the settlement’s terms.

The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The Clerk of Court was directed to close the case.

Judge Ronnie Abrams also stated that the court could retain jurisdiction to enforce the settlement only if its terms were made public and approved by the court within the same 30-day period.

The detailed version

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

Case
BKST Brand Holdings LLC v. Team International Group of America, Inc. · No. 1:20-cv-04226
Judge
Ronnie Abrams
Date
Aug. 28, 2020

Background

The court stated that the parties had reported that the case was settled in principle. The opinion does not describe the underlying claims or the settlement 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 stated that an application to reopen filed after that period might be denied solely because it was late.

The court further stated that, if the parties wanted the court 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.

Effect

The order ended the case on the court’s docket based on the reported settlement in principle, while preserving the stated 30-day procedure for seeking restoration. Judge Ronnie Abrams signed the order on August 28, 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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