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S.D.N.Y.Procedural orderFiled Oct. 14, 2020

Guglielmo v. Erno Laszlo, Inc.

Judge
Ronnie Abrams
Docket
1:20-cv-05370
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Guglielmo v. Erno Laszlo, Judge Abrams discontinued the settled action without costs and without prejudice to timely restoration.

Who this affects

Joseph Guglielmo, the people he sought to represent, and Erno Laszlo, Inc.; the case was closed subject to the stated deadlines for restoration, reopening, or court retention of settlement-enforcement jurisdiction.

What happened

Guglielmo v. Erno Laszlo, Inc. was brought by Joseph Guglielmo on behalf of himself and others described as similarly situated. The court was informed that the case had been settled.

The order discontinued the action without costs to either party and without prejudice to restoring it to the court’s docket within 60 days. It also set a 30-day deadline for applications to reopen the case.

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

The detailed version

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

Case
Guglielmo v. Erno Laszlo, Inc. · No. 1:20-cv-05370
Judge
Ronnie Abrams
Date
Oct. 14, 2020

Background

Joseph Guglielmo brought this action on behalf of himself and all others similarly situated against Erno Laszlo, Inc. The opinion states that the Court was informed that the case had been settled. It does not provide the settlement’s terms or address the merits of 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 60 days. The Court separately stated that any application to reopen the action had to be filed within 30 days of the order, and that a later application 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. Judge Ronnie Abrams also directed the Clerk of Court to close the case.

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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