Wahab v. Oleary
- Vyskocil
- 1:19-cv-09478
- U.S. District Court · Southern District of New York
- 1
In Wahab v. Oleary, Judge Vyskocil discontinued the case after a settlement in principle, subject to possible restoration by the stated deadline.
Nabi Wahab, Mark Oleary, and Valiant Contracting, LLC. The action was discontinued, subject to the restoration terms and deadline stated in the order.
What happened
Wahab v. Oleary involved Nabi Wahab's case against Mark Oleary and Valiant Contracting, LLC. The court received the parties' letter stating that they had reached a settlement in principle.
The court discontinued the action without costs to any party and without prejudice to restoring it if the settlement agreement was not executed and an application to restore was made by February 25, 2020. The order stated that if no such application was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the order on January 26, 2021. The opinion does not describe the claims or the settlement's terms.
The detailed version
- Wahab v. Oleary · No. 1:19-cv-09478
- Vyskocil
- Jan. 26, 2021
Background
The court stated that it had received a letter from the parties reporting that they had reached a settlement in principle. The opinion does not identify the underlying claims or describe the settlement terms.
Ruling
The court ordered that the action be discontinued without costs to any party. The discontinuance was without prejudice to restoring the action to the court's calendar if the parties had not executed a settlement agreement, provided that an application to restore the action was made by February 25, 2020. The order further stated that if no such application was made by that date, the dismissal of the action would be with prejudice, meaning the action could not be refiled. The order cited a Second Circuit decision concerning this procedure.
Effect
The case was discontinued based on the reported settlement in principle, subject to the restoration procedure and deadline stated in the order. Judge Mary Kay Vyskocil signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.