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S.D.N.Y.Procedural orderFiled Jan. 28, 2021

McDowall v. New York City Department of Education

Judge
Vyskocil
Docket
1:19-cv-11750
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In McDowall v. New York City Department of Education, Judge Vyskocil discontinued the settled case, allowing restoration by March 1, 2021, or dismissal with prejudice afterward.

Who this affects

The order affected Scheron McDowell, the New York City Department of Education, Sojourner Welch-David, Teresa Peters, and Elizabeth Stewart by discontinuing their settled action and setting a deadline for seeking restoration.

What happened

In McDowall v. New York City Department of Education, the court received a mediator’s report stating that the parties had reached a settlement.

The court ordered the case discontinued without costs to any party and allowed it to be restored to the court’s calendar if an application was made by March 1, 2021. If no application was made by that date, the dismissal would be with prejudice.

Judge Mary Kay Vyskocil also postponed all other dates and deadlines indefinitely.

The detailed version

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

Case
McDowall v. New York City Department of Education · No. 1:19-cv-11750
Judge
Vyskocil
Date
Jan. 28, 2021

Background

The court stated that it had received a report from the mediator informing it that the parties had reached a settlement.

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 March 1, 2021. The order further stated that, if no application was made by that date, the dismissal would be with prejudice. The court adjourned all other dates and deadlines indefinitely.

Judge

Mary Kay Vyskocil, United States District Judge, entered the order on January 28, 2021.

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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