Calcano v. Kenmore Philatelic, Inc.
- Vyskocil
- 1:20-cv-06917
- U.S. District Court · Southern District of New York
- 1
In Calcano v. Kenmore Philatelic, Judge Vyskocil discontinued the settled action without costs, allowing restoration by December 6, 2020, otherwise dismissal became with prejudice.
Marcos Calcano, the putative similarly situated plaintiffs, and Kenmore Philatelic, Inc.; the action was discontinued, subject to possible restoration by December 6, 2020, after which the dismissal would be with prejudice.
What happened
Calcano v. Kenmore Philatelic, Inc. involved Marcos Calcano’s action on behalf of himself and others similarly situated against Kenmore Philatelic, Inc. The parties informed the court that they had reached a settlement in principle.
The court discontinued the action without costs to either party. It allowed the parties to ask to restore the action to the court’s calendar by December 6, 2020.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the action could not be reopened through that procedure.
The detailed version
- Calcano v. Kenmore Philatelic, Inc. · No. 1:20-cv-06917
- Vyskocil
- Nov. 6, 2020
Background
Marcos Calcano brought the action on behalf of himself and all other persons similarly situated against Kenmore Philatelic, Inc. The opinion does not describe the underlying claims. The parties informed the court by letter 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 December 6, 2020. The court further ordered that if no application was made by that date, the dismissal of the action would be with prejudice. The opinion cites Muze, Inc. v. Digital On Demand, Inc. in support of that procedure.
Disposition
The court entered an order of dismissal based on the parties’ reported settlement in principle. Judge Mary Kay Vyskocil signed the order on November 6, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.