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S.D.N.Y.Procedural orderFiled Nov. 5, 2020

Low v. Equifax Information Services, LLC

Judge
Ronnie Abrams
Docket
1:20-cv-07385
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Low v. Equifax Information Services, Judge Abrams discontinued the settled-in-principle case without costs and without prejudice to timely restoration.

Who this affects

Mordechai Low and Equifax Information Services, LLC; the action was discontinued, subject to the stated 30-day procedure for seeking restoration.

What happened

In Low v. Equifax Information Services, the court was told that the parties had reached a settlement in principle and were finalizing their agreement.

The court discontinued the case without costs to either party. It allowed either side to ask to restore the case to the court’s docket within 30 days.

Judge Ronnie Abrams also stated that any request to reopen filed after 30 days could be denied solely because it was late. The order did not decide the underlying claims.

The detailed version

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

Case
Low v. Equifax Information Services, LLC · No. 1:20-cv-07385
Judge
Ronnie Abrams
Date
Nov. 5, 2020

Background

The court was informed that Mordechai Low and Equifax Information Services, LLC had settled the case in principle and were finalizing a settlement agreement.

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 docket if an application to restore it was made within 30 days. The order states that any application to reopen filed after that period may be denied solely because it was filed late.

The court also stated that, if the parties wanted the court to retain jurisdiction to enforce their 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. The opinion does not provide the settlement’s terms and does not resolve the underlying claims.

Disposition

The action was discontinued without costs and without prejudice to timely restoration. The order did not state that the case was dismissed with prejudice or without prejudice; it used the term “discontinued” and specified the 30-day restoration procedure.

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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