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S.D.N.Y.Procedural orderFiled May 13, 2021

Quezada v. Dale Electronics Corp.

Judge
Vyskocil
Docket
1:21-cv-01241
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Quezada v. Dale Electronics, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by June 11.

Who this affects

Jose Quezada, the putative class members, and Dale Electronics Corp.

What happened

Jose Quezada brought Quezada v. Dale Electronics Corp. on behalf of himself and others similarly situated. The parties informed the court that they had reached a settlement in principle.

The court adjourned the conference scheduled for May 19, 2021. It discontinued the action without costs to either party and allowed the parties to seek restoration if they could not put their settlement into a written agreement.

Judge Mary Kay Vyskocil ordered that any application to restore the action had to be made by June 11, 2021. If no application was made by then, the dismissal would be with prejudice.

The detailed version

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

Case
Quezada v. Dale Electronics Corp. · No. 1:21-cv-01241
Judge
Vyskocil
Date
May 13, 2021

Background

Jose Quezada sued Dale Electronics Corp. on behalf of himself and others similarly situated. The parties notified the court that they had reached a settlement in principle. The order does not describe the settlement’s terms.

Court’s Action

The court adjourned the conference scheduled for May 19, 2021. It ordered that the action was discontinued without costs to any party and without prejudice to restoring the action 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 June 11, 2021. The order stated that if no application was made by that date, the dismissal of the action would be with prejudice, meaning the action could not be refiled.

Classification

This is a procedural order because the court discontinued the action based on the parties’ settlement process and did not decide 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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