Franklin v. City Of New York
- Vyskocil
- 1:20-cv-03815
- U.S. District Court · Southern District of New York
- 1
In Franklin v. City Of New York, Judge Vyskocil discontinued the action after settlement, allowing restoration by January 15, 2021.
The plaintiffs and defendants in Franklin v. City Of New York, because the action was discontinued under the stated settlement-related terms.
What happened
Franklin v. City Of New York involved plaintiffs David Franklin and others and defendants City of New York and others. The opinion says the City informed the court that all parties had reached a settlement in principle.
The court discontinued the action without costs to any party. The case could be restored to the court’s calendar if an application was made by January 15, 2021; otherwise, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil also adjourned all other dates and deadlines indefinitely. The order did not address the underlying claims.
The detailed version
- Franklin v. City Of New York · No. 1:20-cv-03815
- Vyskocil
- Dec. 16, 2020
Background
The court received a letter from the City stating that all parties had reached a settlement in principle. The opinion does not describe the claims 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 January 15, 2021. The order further stated that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be restored. All other dates and deadlines were adjourned indefinitely.
Effect
The order ended the case based on the reported settlement rather than deciding the underlying claims. Judge Mary Kay Vyskocil signed the order on December 16, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.