Calcano v. The Ornament Shop, Inc.
- Vyskocil
- 1:20-cv-09607
- U.S. District Court · Southern District of New York
- 1
In Calcano v. The Ornament Shop, Judge Vyskocil discontinued the action after the parties reported a settlement in principle, allowing restoration by April 7, 2021.
Evelina Calcano, The Ornament Shop, Inc., and the persons Calcano sought to represent were affected by the discontinuance; the action could be restored if an application was made by April 7, 2021.
What happened
In Calcano v. The Ornament Shop, the parties told the court that they had reached a settlement in principle. The opinion does not describe the settlement’s terms.
The court discontinued the action without costs to either party and allowed either party to seek restoration to the court’s calendar by April 7, 2021.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice.
The detailed version
- Calcano v. The Ornament Shop, Inc. · No. 1:20-cv-09607
- Vyskocil
- Mar. 8, 2021
Background
Evelina Calcano brought the action on behalf of herself and all other persons similarly situated against The Ornament Shop, Inc. The parties informed the court by letter that they had reached a settlement in principle. The opinion does not provide the settlement’s terms or state that the settlement was finally approved.
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 April 7, 2021. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be brought again. Judge Mary Kay Vyskocil signed the order on March 8, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.