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S.D.N.Y.Procedural orderFiled Sept. 25, 2020

Hedges v. The Southwestern College

Judge
Ronnie Abrams
Docket
1:20-cv-06076
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Hedges v. The Southwestern College, Judge Abrams discontinued the settled-in-principle action without costs, allowing restoration within 30 days.

Who this affects

Donna Hedges, The Southwestern College, and the similarly situated people identified in the action were affected by the discontinuance and 30-day restoration deadline.

What happened

Donna Hedges brought Hedges v. The Southwestern College on behalf of herself and other similarly situated people. The opinion says the parties reported that the case had been settled in principle.

The court discontinued the action without costs to any party and without prejudice to restoring it within 30 days. It also closed the case and stated that any settlement-enforcement request would need to be placed on the public record and approved by the court within that period.

Judge Ronnie Abrams directed the Clerk of Court to close the case. The order did not decide the underlying claims or state the settlement’s terms.

The detailed version

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

Case
Hedges v. The Southwestern College · No. 1:20-cv-06076
Judge
Ronnie Abrams
Date
Sept. 25, 2020

Background

Donna Hedges sued The Southwestern College on behalf of herself and all other persons similarly situated. The court was informed that the case had been settled in principle. The opinion does not provide the settlement terms or describe the underlying claims.

Court’s action

The court 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. It stated that an application 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.

Result

Judge Ronnie Abrams entered an order discontinuing and closing the action. The order did not reach the merits of the underlying claims, and it did not state whether the settlement would receive final approval.

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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