Paguada v. Kind Management Inc.
- Vyskocil
- 1:20-cv-06377
- U.S. District Court · Southern District of New York
- 1
In Paguada v. Kind Management, Judge Vyskocil ordered the settled action discontinued without costs, allowing restoration by November 29, 2020, or dismissal with prejudice.
Dilenia Paguada, the putative similarly situated plaintiffs, and Kind Management, Inc. The action was discontinued without costs, with possible restoration by November 29, 2020; absent a timely restoration application, the dismissal would be with prejudice.
What happened
In Paguada v. Kind Management, Inc., the parties told the court they had reached a settlement in principle. The case was brought by Dilenia Paguada on behalf of herself and others similarly situated.
The court ordered the action discontinued without costs to either party. The order allowed either side to ask to restore the case to the court’s calendar by November 29, 2020.
If no restoration request was made by that date, the court’s dismissal would be with prejudice. Judge Mary Kay Vyskocil did not decide the underlying claims.
The detailed version
- Paguada v. Kind Management Inc. · No. 1:20-cv-06377
- Vyskocil
- Oct. 30, 2020
Background
Dilenia Paguada brought the action on behalf of herself and all others similarly situated against Kind Management, Inc. On October 15, 2020, the parties filed a notice telling the court that they had reached a settlement in principle.
Ruling
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar if an application to restore it was made by November 29, 2020. The court further ordered that, if no such application was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil’s order did not address the merits of the parties’ underlying claims or approve specific settlement terms in the text provided.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.