Pita v. San Jose Tulcingo Deli, Inc
- Ronnie Abrams
- 1:20-cv-05117
- U.S. District Court · Southern District of New York
- 1
In Pita v. San Jose Tulcingo Restaurant, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.
Eduardo Pita and the defendants in the action. The case was closed, but the parties could seek restoration within 30 days; they could also ask the court to retain authority to enforce a settlement if they met the order’s requirements.
What happened
In Pita v. San Jose Tulcingo Restaurant, the court was told that the parties had settled the case in principle.
The court discontinued the action without costs to any party. The parties could ask to restore the case to the court’s docket within 30 days of the order, and the court could retain authority to enforce a settlement only if its terms were made public and approved by the court within that period.
Judge Ronnie Abrams ordered the Clerk of Court to close the case. The order did not decide the underlying claims.
The detailed version
- Pita v. San Jose Tulcingo Deli, Inc · No. 1:20-cv-05117
- Ronnie Abrams
- Feb. 8, 2021
Background
The court stated that it had been informed that the case had been settled in principle. The opinion does not describe the underlying claims or provide the terms of any settlement.
Order
Judge Ronnie Abrams ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore the action was made within 30 days. The order also stated that any application to reopen filed after that period could be denied solely because it was late.
If the parties wanted the court to retain authority to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.
Effect
This order ended the case on the court’s docket without deciding the underlying dispute. It preserved a limited opportunity to seek restoration within 30 days and set conditions for the court to retain authority over enforcement of a settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.