Cruz v. The Thymes, LLC
- Ronnie Abrams
- 1:20-cv-05136
- U.S. District Court · Southern District of New York
- 1
In Cruz v. The Thymes, LLC, Judge Abrams discontinued the settled-in-principle action without prejudice to timely restoration.
Shael Cruz, the other people he sued on behalf of, and The Thymes, LLC. The case was closed, subject to a possible application to restore it within 30 days.
What happened
Shael Cruz brought this action against The Thymes, LLC on behalf of himself and others similarly situated. The order does not describe the claims.
The court was told that the case had been settled in principle. The order does not provide the settlement’s terms.
Judge Ronnie Abrams ordered the action discontinued without costs to any party and without prejudice to restoring it within 30 days. The Clerk was directed to close the case; any settlement-enforcement jurisdiction had to be requested within that same period with the agreement placed on the public record and approved by the court.
The detailed version
- Cruz v. The Thymes, LLC · No. 1:20-cv-05136
- Ronnie Abrams
- Sept. 9, 2020
Background
Shael Cruz filed the action on behalf of himself and others similarly situated against The Thymes, LLC. The order does not state the underlying claims or the relief sought.
Settlement Status
The court stated that it had been reported that the case had been settled in principle. The order does not describe the settlement or state that a final settlement had been approved.
Disposition
Judge Ronnie Abrams 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 30 days. Any application to reopen filed after that period could be denied solely because it was late. 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.
Classification
This is a procedural order because the court discontinued the action based on the reported settlement in principle without deciding the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.