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S.D.N.Y.Procedural orderFiled June 30, 2021

Kirkpatrick v. Citibank, National Association

Judge
Vyskocil
Docket
1:21-cv-03135
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Kirkpatrick v. Citibank, Judge Vyskocil discontinued Kelly Kirkpatrick’s action against Trans Union after settlement, allowing restoration by July 30, 2021, otherwise with prejudice.

Who this affects

Kelly Kirkpatrick and Trans Union, LLC. The order discontinued the action against Trans Union based on their settlement and did not address the action against the other defendants.

What happened

In Kirkpatrick v. Citibank, Kelly Kirkpatrick and Trans Union, LLC notified the court that they had reached a settlement. The order concerned only the action against Trans Union.

The court discontinued the action against Trans Union without costs and without prejudice to restoring it if an application was made by July 30, 2021. The order stated that if no application was made by that date, the dismissal would be with prejudice. Other dates and deadlines in the case no longer applied to Trans Union.

Judge Mary Kay Vyskocil entered the order on June 30, 2021. The order did not rule on the action against Citibank, Experian Information Solutions, or Equifax Information Services.

The detailed version

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

Case
Kirkpatrick v. Citibank, National Association · No. 1:21-cv-03135
Judge
Vyskocil
Date
June 30, 2021

Background

The court received notice from Plaintiff Kelly Kirkpatrick and Defendant Trans Union, LLC that they had reached a settlement. The order addressed the action only as to Trans Union.

Ruling

The court ordered that the action against Trans Union be discontinued without costs and without prejudice to restoring the action if an application to restore it was made by July 30, 2021. The order further stated that, if no application was made by that date, the dismissal of the action against Trans Union would be with prejudice. Other dates and deadlines in the case no longer applied to Trans Union.

Effect

The order did not state a disposition for the claims against Citibank, National Association, Experian Information Solutions, Inc., or Equifax Information Services, LLC. Judge Mary Kay Vyskocil entered the order on June 30, 2021.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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