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S.D.N.Y.Procedural orderFiled Nov. 18, 2020

Calcano v. Blue & Cream LLC

Judge
Ronnie Abrams
Docket
1:19-cv-09614
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Calcano v. Blue & Cream LLC, Judge Abrams discontinued the action after mediation produced an agreement, allowing restoration within 30 days.

Who this affects

Marcos Calcano, Blue & Cream LLC, and the other persons identified as similarly situated in the complaint; the action was discontinued, subject to the order’s 30-day restoration and settlement-enforcement provisions.

What happened

In Calcano v. Blue & Cream LLC, the court reported that the parties had completed court-ordered mediation and reached an agreement on all issues.

The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days.

Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the agreement had to place its terms on the public record and receive the court’s approval within that same 30-day period.

The detailed version

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

Case
Calcano v. Blue & Cream LLC · No. 1:19-cv-09614
Judge
Ronnie Abrams
Date
Nov. 18, 2020

Background The opinion states that court-ordered mediation occurred and that an agreement was reached on all issues. It does not describe the agreement’s terms.

Ruling Judge Ronnie Abrams 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 an application filed after that period may be denied solely because it was late.

The order further states that, if the parties wanted the court to retain authority to enforce the agreement, they had to place the agreement’s terms on the public record and obtain the court’s approval within the same 30-day period.

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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