Delacruz v. Zarbees, Inc.
- Ronnie Abrams
- 1:20-cv-08336
- U.S. District Court · Southern District of New York
- 1
In Delacruz v. Zarbees, Judge Abrams discontinued the settled-in-principle case without costs, while allowing restoration within 30 days.
Emanuel Delacruz, the persons he sought to represent, and Zarbees, Inc. The action was discontinued, subject to the stated 30-day procedure for restoration or reopening.
What happened
In Delacruz v. Zarbees, Inc., Emanuel Delacruz brought the action on behalf of himself and others similarly situated against Zarbees, Inc. The court reported that the case had been settled in principle.
The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. An application filed after that period may be denied solely because it was late.
Judge Ronnie Abrams also stated that the parties could ask the court to retain authority to enforce a settlement, but only if the settlement terms were placed on the public record and approved by the court within the same 30-day period.
The detailed version
- Delacruz v. Zarbees, Inc. · No. 1:20-cv-08336
- Ronnie Abrams
- Mar. 4, 2021
Background
The opinion states that the parties reported the case had been settled in principle. The caption identifies Emanuel Delacruz as the plaintiff, bringing the action on behalf of himself and all other persons similarly situated, and Zarbees, Inc. as the defendant.
Court’s Order
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. Any application to reopen the action had to be filed within 30 days of the order, and the court stated that an application filed afterward could be denied solely on that basis.
The court further stated that, if the parties wanted the court to retain jurisdiction 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 opinion does not state the settlement’s terms and does not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.