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S.D.N.Y.Procedural orderFiled Jan. 26, 2021

Romero v. BFY Brands, Inc.

Judge
Vyskocil
Docket
1:20-cv-09220
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Romero v. BFY Brands, Judge Vyskocil discontinued the action after settlement in principle, allowing restoration by February 26, 2021, if needed.

Who this affects

Josue Romero and BFY Brands Inc.; the action was discontinued based on the parties' reported settlement in principle, subject to possible restoration by February 26, 2021.

What happened

Romero v. BFY Brands Inc. involved a letter telling the court that the parties had reached a settlement in principle.

The court discontinued the action without costs to either party and allowed the parties to ask to restore it if they could not put their settlement into a written agreement.

Judge Mary Kay Vyskocil ruled that the restoration request had to be made by February 26, 2021; otherwise, the dismissal would be with prejudice.

The detailed version

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

Case
Romero v. BFY Brands, Inc. · No. 1:20-cv-09220
Judge
Vyskocil
Date
Jan. 26, 2021

Background The parties informed the court by letter that they had reached a settlement in principle.

Ruling The court ordered that the action be discontinued without costs to either party and without prejudice to restoring the action to the court's calendar. Restoration was permitted only if the parties could not memorialize their settlement in a written agreement and if they applied to restore the action by February 26, 2021. The court further ordered that if no restoration application was made by that date, the dismissal would be with prejudice, meaning the action could not be brought again.

Effect The order ended the case subject to the stated restoration procedure. The court did not decide the underlying dispute because the parties reported reaching a settlement in principle.

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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