Smith v. BRP Development Corporation
- Barbara Moses
- 1:19-cv-11794
- U.S. District Court · Southern District of New York
- 1
In Rashiem Smith v. BRP Development Corporation, Judge Vyskocil dismissed the settled action, allowing timely restoration before making the dismissal final.
Rashiem Smith, BRP Development Corporation, United DBT Security Corp., and Darrul Brown.
What happened
Rashiem Smith v. BRP Development Corporation involved Smith's action against BRP Development Corporation, United DBT Security Corp., and Darrul Brown. The court received a mediator's report stating that the parties had reached an agreement on all issues.
The court discontinued the action without costs to any party and allowed it to be restored to the court's calendar if an application was made by November 18, 2020. If no application was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the dismissal order on October 19, 2020.
The detailed version
- Smith v. BRP Development Corporation · No. 1:19-cv-11794
- Barbara Moses
- Oct. 19, 2020
Background
The court received a report from the mediator stating that the parties had reached an agreement on all issues. The opinion does not describe the claims, the settlement terms, or the parties' allegations.
Ruling
The court 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 18, 2020. The order stated that if no such application was made by that date, the dismissal would be with prejudice.
Classification
This is a procedural order because the court dismissed the action after being informed that the parties had reached an agreement, without deciding the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.