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S.D.N.Y.Procedural orderFiled Feb. 5, 2021

Simsek v. Terrafina, L.L.C.

Judge
Vyskocil
Docket
1:19-cv-07538
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Simsek v. Terrafina, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by March 7, 2021.

Who this affects

Gulcan Simsek and defendants Terrafina, L.L.C., Joseph Pagano, Kenan Izci, and James Lock.

What happened

In Simsek v. Terrafina, L.L.C., the parties informed the court that they had reached a settlement in principle.

The court discontinued the action without costs to any party and allowed it to be restored if no settlement agreement was executed and an application was made by March 7, 2021. If no application was made by that date, the dismissal would be with prejudice.

Judge Mary Kay Vyskocil entered the order on February 5, 2021.

The detailed version

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

Case
Simsek v. Terrafina, L.L.C. · No. 1:19-cv-07538
Judge
Vyskocil
Date
Feb. 5, 2021

Background The court received a letter from the parties stating that they had reached a settlement in principle. The opinion does not describe the claims or the settlement’s terms.

Ruling 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 a settlement agreement had not been executed. Any application to restore the action had to be made by March 7, 2021. If no application was made by that date, the court stated that the dismissal would be with prejudice, meaning the action could not be restored through that procedure.

Effect The order ended the case based on the parties’ reported settlement in principle, subject to the stated deadline and condition. It did not decide the underlying claims. Judge Mary Kay Vyskocil signed the order.

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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