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S.D.N.Y.Procedural orderFiled Oct. 8, 2020

Vuppala v. Kovy Wine & Spirits Corp.

Judge
Ronnie Abrams
Docket
1:20-cv-06361
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Vuppala v. Kovy Wine & Spirits, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

Kiran Vuppala, Kovy Wine & Spirits Corp. doing business as Imperial Vintner, and 579 Hudson Street LLC, because the case was discontinued and the court closed it subject to the stated 30-day restoration and settlement-enforcement conditions.

What happened

In Vuppala v. Kovy Wine & Spirits Corp., the court was told that the case had been settled. The opinion does not describe 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 any request to reopen filed after 30 days could be denied solely because it was late. The court would retain jurisdiction to enforce the settlement only if its terms were placed on the public record and approved by the court within that period.

The detailed version

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

Case
Vuppala v. Kovy Wine & Spirits Corp. · No. 1:20-cv-06361
Judge
Ronnie Abrams
Date
Oct. 8, 2020

Background

The court stated that it had been reported that the action was settled. The opinion does not provide the settlement terms or describe the claims.

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 further stated that an application to reopen filed after 30 days could be denied solely on that basis. The Clerk of Court was directed to close the case.

If the parties wanted the court to retain jurisdiction to enforce the 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.

Disposition

Judge Ronnie Abrams entered an order discontinuing the action under those terms. The order did not decide 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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