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S.D.N.Y.Procedural orderFiled Mar. 15, 2021

Romero v. KLN Enterprises, Inc.

Judge
Vyskocil
Docket
1:20-cv-09079
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Romero v. KLN Enterprises, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by April 14, 2021.

Who this affects

Josue Romero, the other people he sought to represent, and KLN Enterprises, Inc.; the action was discontinued under the stated settlement-related conditions.

What happened

Romero v. KLN Enterprises, Inc. was brought by Josue Romero for himself and others described as similarly situated. The parties informed the court that they had reached a settlement in principle.

The court canceled the scheduled status conference and discontinued the action without costs to either party. The case could be restored if a settlement agreement was not executed and an application to restore it was made by April 14, 2021; otherwise, the dismissal would be with prejudice.

Judge Mary Kay Vyskocil entered the order on March 15, 2021. The order did not describe the settlement terms or decide the underlying claims.

The detailed version

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

Case
Romero v. KLN Enterprises, Inc. · No. 1:20-cv-09079
Judge
Vyskocil
Date
Mar. 15, 2021

Background

Josue Romero sued KLN Enterprises, Inc. on behalf of himself and others described in the complaint as similarly situated. The opinion states that the parties sent the court a letter reporting that they had reached a settlement in principle. It does not provide the settlement's terms or state that a final settlement agreement had been executed.

Court’s Action

The court canceled the status conference scheduled for March 23, 2021, at 10:30 a.m. It ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar if a settlement agreement was not executed. Any application to restore the action had to be made by April 14, 2021. The order states that if no such application was made by that date, the dismissal of the action would be with prejudice.

Result

Judge Mary Kay Vyskocil entered the order of dismissal on March 15, 2021. The order disposed of the action based on the parties’ reported settlement in principle and did not decide the merits of Romero’s claims.

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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