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S.D.N.Y.Procedural orderFiled Jan. 29, 2021

Hedges v. Brenau University, Inc.

Judge
Vyskocil
Docket
1:20-cv-08499
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Hedges v. Brenau University, Judge Vyskocil dismissed the action after the parties reported reaching a settlement in principle.

Who this affects

Donna Hedges, the proposed similarly situated group, and Brenau University, Inc.; the action was dismissed subject to the February 28, 2021 restoration deadline.

What happened

Donna Hedges brought Hedges v. Brenau University, Inc. on behalf of herself and others described as similarly situated. The opinion says the parties informed the court that they had reached a settlement in principle, but it does not describe the claims or settlement terms.

The court discontinued the action without costs to either party and allowed it to be restored to the court’s calendar if an application was made by February 28, 2021. The order does not explain whether the court approved the settlement.

Judge Mary Kay Vyskocil ordered that, if no application to restore the action was made by February 28, 2021, the dismissal would become with prejudice. The order was dated January 29, 2021.

The detailed version

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

Case
Hedges v. Brenau University, Inc. · No. 1:20-cv-08499
Judge
Vyskocil
Date
Jan. 29, 2021

Background

Donna Hedges sued Brenau University, Inc. on behalf of herself and all others similarly situated. The court received a letter from the parties stating that they had reached a settlement in principle. The opinion does not identify the claims, provide the settlement terms, or state that the court approved the settlement.

Court’s Action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if an application to restore the action was made by February 28, 2021. The court further ordered that, if no such application was made by that date, the dismissal would be with prejudice. “With prejudice” means the action could not then be refiled. The order does not state that the court reached the merits of the claims.

Disposition

Judge Mary Kay Vyskocil entered an order of dismissal on January 29, 2021, subject to the stated restoration deadline.

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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