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S.D.N.Y.Procedural orderFiled Nov. 9, 2020

Murphy v. The Prudential Insurance Company of America

Judge
Vyskocil
Docket
1:20-cv-03358
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureInsurance
In one sentence

In Murphy v. Prudential, Judge Vyskocil discontinued the settled case without costs, allowing restoration by December 24, 2020; otherwise dismissal becomes with prejudice.

Who this affects

Ann Murphy and The Prudential Insurance Company of America, the parties to the action.

What happened

In Murphy v. The Prudential Insurance Company of America, the parties informed the court that they had reached a settlement in principle.

The court discontinued the case without costs to either party and without prejudice to restoring it to the court’s calendar by December 24, 2020.

Judge Mary Kay Vyskocil ordered that if no restoration request is made by that date, the dismissal will be with prejudice.

The detailed version

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

Case
Murphy v. The Prudential Insurance Company of America · No. 1:20-cv-03358
Judge
Vyskocil
Date
Nov. 9, 2020

Background

The parties notified the court that they had reached a settlement in principle. The opinion does not describe the underlying dispute or the settlement’s terms.

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 24, 2020. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice.

Effect

The order ended the case subject to the stated restoration deadline. It did not decide the merits of the parties’ underlying dispute.

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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