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S.D.N.Y.Procedural orderFiled Oct. 7, 2020

Graciela Doncouse v. Hastens Beds, Inc.

Judge
Vyskocil
Docket
1:19-cv-11687
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

Judge Vyskocil ordered Doncouse v. Hastens Beds discontinued after settlement, with restoration available until November 8, 2020.

Who this affects

The parties to the action: Graciela Doncouse, Hastens Beds, Inc., and Blatre House L.L.C. The action was discontinued without costs, subject to possible restoration by November 8, 2020; otherwise, the dismissal would be with prejudice.

What happened

Graciela Doncouse v. Hastens Beds, Inc. and Blatre House L.L.C. was dismissed after the parties notified the court that they had signed a settlement agreement.

The court discontinued the action without costs to any party and allowed either party to seek restoration to the court’s calendar by November 8, 2020.

Judge Mary Kay Vyskocil ordered that, if no restoration request was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Graciela Doncouse v. Hastens Beds, Inc. · No. 1:19-cv-11687
Judge
Vyskocil
Date
Oct. 7, 2020

Background

The parties notified the court on October 4, 2020, that they had executed a settlement agreement. The opinion does not describe the agreement’s terms or the underlying claims.

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 November 8, 2020. The order states that if no such application was made by that date, the dismissal would be with prejudice.

Effect

The order resolved the case based on the parties’ settlement and did not decide the merits of the underlying claims.

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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