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

Rivera v. ADP Totalsource FL XVI, Inc.

Judge
Vyskocil
Docket
1:20-cv-04787
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Rivera v. ADP Totalsource, Judge Vyskocil discontinued the action without costs, allowing restoration by March 6, 2021.

Who this affects

The plaintiff, William J. Rivera, and the defendants, ADP Totalsource FL XVI, Inc. and Demar Mechanical Inc.; the action was discontinued under the stated restoration conditions.

What happened

In Rivera v. ADP Totalsource FL XVI, Inc., the parties informed the court that they had reached a settlement in principle.

The court discontinued the action without costs to any party and without prejudice to restoring it to the court’s calendar if an application was made by March 6, 2021. If no application was made by that date, the dismissal would be with prejudice.

Judge Mary Kay Vyskocil entered the order on February 4, 2021. The opinion did not decide the underlying claims.

The detailed version

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

Case
Rivera v. ADP Totalsource FL XVI, Inc. · No. 1:20-cv-04787
Judge
Vyskocil
Date
Feb. 4, 2021

Background

The parties informed the court by letter that they had reached a settlement in principle. The opinion does not describe the claims or the settlement’s terms.

Ruling

Judge Mary Kay Vyskocil 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 March 6, 2021. The order further stated that if no such application was made by that date, the dismissal of the action would be with prejudice.

Effect

The order resolved the case based on the parties’ reported settlement process and did not decide the merits of the underlying claims.

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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