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S.D.N.Y.Procedural orderFiled Jan. 3, 2022

Contreras v. Ultima Replenisher, Inc.

Judge
Ronnie Abrams
Docket
1:21-cv-09235
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Contreras v. Ultima Replenisher, Inc., Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

The action brought by Yensy Contreras against Ultima Replenisher, Inc., including the similarly situated people identified in the complaint, was discontinued; the parties could seek restoration within 30 days.

What happened

In Contreras v. Ultima Replenisher, Inc., the court was told that the parties had settled the case.

The court discontinued the action without costs to either party. It allowed either party to seek restoration of the case within 30 days of the order; the court also directed the Clerk to close the case.

Judge Ronnie Abrams stated that any settlement-enforcement request would require the agreement’s terms to be placed on the public record and approved by the court within that same 30-day period.

The detailed version

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

Case
Contreras v. Ultima Replenisher, Inc. · No. 1:21-cv-09235
Judge
Ronnie Abrams
Date
Jan. 3, 2022

Background

Yensy Contreras brought the action individually and on behalf of others similarly situated against Ultima Replenisher, Inc. The court stated that it had been reported that the case had settled. The opinion does not provide the settlement’s terms or address the underlying claims.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore was made within 30 days. It stated that an application filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

If the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the court required the agreement’s terms to be placed on the public record and approved by the court within the same 30-day period. Judge Ronnie Abrams entered the order.

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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