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S.D.N.Y.Procedural orderFiled Nov. 20, 2020

Romero v. Elysium Health, Inc.

Judge
Ronnie Abrams
Docket
1:20-cv-07865
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Romero v. Elysium Health, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.

Who this affects

Josue Romero, the putative class of similarly situated persons he sought to represent, and Elysium Health, Inc. The action was discontinued, subject to a possible application to restore it within 30 days.

What happened

Josue Romero brought Romero v. Elysium Health, Inc. on behalf of himself and others similarly situated. The court was told that the case had been settled in principle and that the parties were finalizing a settlement agreement.

The court discontinued the action without costs to any party. It allowed either party 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 parties could ask the court to retain authority to enforce the settlement only if they placed the settlement terms on the public record and obtained 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
Romero v. Elysium Health, Inc. · No. 1:20-cv-07865
Judge
Ronnie Abrams
Date
Nov. 20, 2020

Background

Josue Romero sued Elysium Health, Inc. on behalf of himself and all others similarly situated. The order states that the court was informed that the case had been settled in principle and that a settlement agreement was being finalized.

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 could be denied solely because it was late.

The court further stated that, if the parties wanted the court to retain jurisdiction—meaning authority to oversee enforcement—to enforce a 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. Judge Ronnie Abrams signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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