Estevez v. Robert C Eldred Co, Inc.
- Vyskocil
- 1:21-cv-08878
- U.S. District Court · Southern District of New York
- 1
In Estevez v. Eldred, Judge Vyskocil discontinued the action after the parties reported a settlement in principle, subject to a deadline.
Arturo Estevez, the putative similarly situated class members, and Robert C. Eldred Co, Inc.; the action was discontinued based on a reported settlement in principle.
What happened
Estevez v. Robert C. Eldred Co., Inc. was brought by Arturo Estevez individually and on behalf of all others similarly situated against Robert C. Eldred Co., Inc. The opinion states that Estevez informed the court that the parties had reached a settlement in principle.
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if the parties could not put their settlement in writing. Any application to restore the action had to be made by February 3, 2022. If no application was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the order on January 3, 2022. The order did not decide the underlying claims or state the terms of the proposed settlement.
The detailed version
- Estevez v. Robert C Eldred Co, Inc. · No. 1:21-cv-08878
- Vyskocil
- Jan. 3, 2022
Background
Arturo Estevez sued Robert C. Eldred Co, Inc., individually and on behalf of all others similarly situated. The court received a letter from Estevez stating that the parties had reached a settlement in principle.
Court’s Action
The court ordered that the action be discontinued without costs to any party. The discontinuance was without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by February 3, 2022.
The order further stated that if no application to restore the action was made by that date, the dismissal would be with prejudice. The opinion does not provide the settlement’s terms and does not decide the underlying claims.
Disposition
Judge Mary Kay Vyskocil entered the order of dismissal on January 3, 2022. The action was discontinued under the stated conditions.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.