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S.D.N.Y.Procedural orderFiled Apr. 6, 2021

Paguada v. Guittard Chocolate Company

Judge
Vyskocil
Docket
1:20-cv-08921
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Paguada v. Guittard Chocolate Company, Judge Vyskocil discontinued the settled case, subject to restoration by May 7, 2021.

Who this affects

Dilenia Paguada and Guittard Chocolate Company; the action was discontinued subject to the stated deadline for restoring it.

What happened

Paguada v. Guittard Chocolate Company was discontinued after the parties told the court they had reached a settlement in principle.

The court ordered that the case be discontinued without costs to either party and allowed it to be restored if the parties could not put their settlement into a written agreement and applied by May 7, 2021.

Judge Mary Kay Vyskocil stated that if no application to restore the case was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Paguada v. Guittard Chocolate Company · No. 1:20-cv-08921
Judge
Vyskocil
Date
Apr. 6, 2021

Background

The parties informed the court by letter that they had reached a settlement in principle. The opinion does not describe the claims or the settlement terms.

Ruling

The court ordered that the action be discontinued without costs to either party and without prejudice to restoring the case to the court's calendar if the parties were unable to memorialize their settlement in an agreement. Any application to restore the action had to be made by May 7, 2021. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice.

Judge and Classification

Judge Mary Kay Vyskocil entered an order of dismissal based on the parties' reported settlement. This was a procedural disposition, not a decision on the underlying 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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