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S.D.N.Y.Procedural orderFiled Dec. 21, 2020

Gusman v. City of New York

Judge
Denise Cote
Docket
1:19-cv-11691
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Gusman v. City of New York, Judge Cote discontinued the settled case without costs, allowing restoration by January 21, 2021, otherwise with prejudice.

Who this affects

The order affected Arisbel Gusman and all defendants in the action by discontinuing the case, subject to the stated January 21, 2021 restoration deadline.

What happened

Arisbel Gusman sued the City of New York and several city agencies and individuals. The opinion states that the case had been settled, but it does not describe the claims or settlement terms.

The court discontinued the action without costs to any party. The action could be restored to the court’s calendar if an application was made by January 21, 2021.

Judge Denise Cote ordered that if no restoration application was made by that date, the dismissal would be with prejudice. The order did not decide the underlying claims.

The detailed version

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

Case
Gusman v. City of New York · No. 1:19-cv-11691
Judge
Denise Cote
Date
Dec. 21, 2020

Background

The opinion identifies Arisbel Gusman as the plaintiff and the City of New York, the New York City Department of Correction, the New York City Police Department, the Bronx County District Attorney’s Office, and several named and unidentified individuals as defendants. The court states that the case had been settled. The opinion does not provide the settlement terms or explain the underlying claims.

Order

The court entered an order discontinuing the action without costs to any party. The order allowed either side to seek restoration of the action to the court’s calendar by January 21, 2021. If no application to restore the case was made by that date, the order provided that the dismissal would be with prejudice, meaning the action could not be revived through that restoration procedure.

Ruling and Effect

Judge Denise Cote did not rule on the merits of Gusman’s claims or the defendants’ positions. The disposition was a discontinuance based on the reported settlement, with a deadline for seeking restoration and a specified consequence if that deadline passed.

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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