Dash III v. NewRez LLC
- Vyskocil
- 1:20-cv-01955
- U.S. District Court · Southern District of New York
- 1
Judge Vyskocil discontinued Dash III v. NewRez without costs, allowing restoration by October 26, 2020; otherwise dismissal became with prejudice.
John P. Dash III and NewRez LLC d/b/a Shellpoint Mortgage Servicing; the action was discontinued subject to the October 26, 2020 restoration deadline.
What happened
In Dash III v. NewRez LLC, the defendant told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party and allowed it to be restored if an application was made by October 26, 2020. If no application was made by that date, the dismissal became with prejudice.
Judge Mary Kay Vyskocil issued the order on September 25, 2020. The order does not describe the underlying claims or the settlement terms.
The detailed version
- Dash III v. NewRez LLC · No. 1:20-cv-01955
- Vyskocil
- Sept. 25, 2020
Background
The defendant sent the court a letter stating that the parties had reached a settlement in principle. The opinion does not identify the underlying claims or describe the settlement terms.
Ruling
Judge Mary Kay Vyskocil ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if an application to restore the action was made by October 26, 2020. The order states that if no such application was made by that date, the dismissal of the action would be with prejudice.
Effect
The order ended the action subject to the stated restoration deadline. It did not decide the merits of the parties’ underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.