McDermott v. Fit-Rite Fashions
- Vyskocil
- 1:19-cv-02012
- U.S. District Court · Southern District of New York
- 1
In Matthew McDermott v. Bierman Apparel Corp., Judge Vyskocil discontinued the case after a settlement in principle, allowing restoration by July 23, 2021.
Matthew McDermott and Bierman Apparel Corp.; the action was discontinued after the parties reported reaching a settlement in principle, subject to the stated restoration deadline.
What happened
Matthew McDermott told the court that the parties had reached a settlement in principle with Bierman Apparel Corp.
The court did not decide the underlying dispute. Instead, it discontinued the action without costs to either party and allowed the case to be restored if the parties could not put their settlement into a written agreement.
Judge Mary Kay Vyskocil set July 23, 2021, as the deadline to seek restoration. If no application was made by then, the dismissal would be with prejudice.
The detailed version
- McDermott v. Fit-Rite Fashions · No. 1:19-cv-02012
- Vyskocil
- June 23, 2021
Background
Matthew McDermott filed a notice informing the court that the parties had reached a settlement in principle. The order does not describe the underlying claims or the settlement’s terms.
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 the parties were unable to memorialize their settlement in an agreement. Any application to restore the action had to be made by July 23, 2021. The order states that if no such application was made by that date, the dismissal would be with prejudice.
Effect
The order ended the action based on the reported settlement in principle rather than deciding the underlying dispute. Judge Mary Kay Vyskocil signed the order on June 23, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.