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S.D.N.Y.Procedural orderFiled Feb. 11, 2021

Peralta v. EAN Holdings, LLC

Judge
Vyskocil
Docket
1:19-cv-01948
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

Peralta v. Shanklin ended in a settlement-based dismissal, with Judge Vyskocil allowing restoration by March 15, 2021.

Who this affects

The plaintiffs—Rubin Peralta, Junior Rodriguez, and Santo Marte—and defendant Christian Shanklin were affected by the settlement-based dismissal and its restoration deadline.

What happened

In Peralta v. Shanklin, the court was told that the parties had reached a settlement during a conference held on February 11, 2021.

The court discontinued the action without costs to any party and allowed it to be restored if an application was made by March 15, 2021. If no application was made by then, the dismissal would become with prejudice.

Judge Mary Kay Vyskocil entered the order of dismissal on February 11, 2021.

The detailed version

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

Case
Peralta v. EAN Holdings, LLC · No. 1:19-cv-01948
Judge
Vyskocil
Date
Feb. 11, 2021

Background The opinion's caption identifies the plaintiffs as Rubin Peralta, Junior Rodriguez, and Santo Marte, and the defendant as Christian Shanklin. The court stated that Magistrate Judge Moses had advised it that the parties reached a settlement during a settlement conference on February 11, 2021. The settlement terms were placed on the record at that conference.

Ruling The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court's calendar if an application to restore it was made by March 15, 2021. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice. The opinion does not address the merits of the parties' claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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