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S.D.N.Y.Procedural orderFiled Feb. 4, 2021

Everlast World's Boxing Headquarters Corp. v. Transform SR LLC

Judge
Ronnie Abrams
Docket
1:20-cv-09095
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Everlast v. Transform, Judge Abrams discontinued the settled-in-principle case, allowing restoration within 30 days.

Who this affects

Everlast World's Boxing Headquarters Corp., Transform SR LLC, and the other defendants were affected because the action was discontinued, subject to a possible application to restore it within 30 days.

What happened

Everlast World's Boxing Headquarters Corp. sued Transform SR LLC and other defendants in Everlast World's Boxing Headquarters Corp. v. Transform SR LLC. The court was told that the case had settled in principle and that the parties were finalizing a settlement agreement.

The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The court also adjourned the scheduled conference and all related deadlines indefinitely.

Judge Ronnie Abrams issued the order on February 4, 2021. The order did not decide the underlying dispute. If the parties wanted the court to retain authority to enforce their settlement, they had to place the agreement on the public record and obtain the court’s approval within the same 30-day period.

The detailed version

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

Case
Everlast World's Boxing Headquarters Corp. v. Transform SR LLC · No. 1:20-cv-09095
Judge
Ronnie Abrams
Date
Feb. 4, 2021

Background

The court stated that the case had been settled in principle and that a settlement agreement was being finalized. The opinion does not describe the underlying claims or the settlement’s terms.

Court’s action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. It separately stated that any application to reopen filed after 30 days could be denied solely because it was late.

The court also ordered that, if the parties wanted the court to retain jurisdiction—meaning authority—to enforce the settlement agreement, they had to put the agreement on the public record and have the court approve it within the same 30-day period. The conference set for February 12, 2021, and all associated deadlines were adjourned indefinitely.

Disposition

Judge Ronnie Abrams discontinued the action under the stated conditions. The order did not resolve the merits of the parties’ dispute.

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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