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S.D.N.Y.Procedural orderFiled Jan. 20, 2022

Estevez v. A Dozen Cousins, LLC

Judge
Vyskocil
Docket
1:21-cv-08947
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Estevez v. A Dozen Cousins, Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by February 20, 2022.

Who this affects

Arturo Estevez and the putative class members on one side, and A Dozen Cousins, LLC on the other; the action was discontinued under the stated settlement-related conditions.

What happened

In Estevez v. A Dozen Cousins, LLC, the plaintiff told the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.

The court discontinued the action without costs to either party. The case could be restored to the court’s calendar if the parties could not put their settlement in writing and an application to restore the case was made by February 20, 2022.

Judge Mary Kay Vyskocil ordered that if no application to restore the action was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Estevez v. A Dozen Cousins, LLC · No. 1:21-cv-08947
Judge
Vyskocil
Date
Jan. 20, 2022

Background

The plaintiff, Arturo Estevez, filed the action individually and on behalf of all others similarly situated against A Dozen Cousins, LLC. The court received a letter from the plaintiff stating that the parties had reached a settlement in principle. The opinion does not provide the claims’ factual or legal basis, the proposed settlement’s terms, or whether the settlement received final approval.

Court’s Action

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 writing. Any application to restore the action had to be made by February 20, 2022. The order further stated that if no such application was made by that date, the dismissal would be with prejudice.

Disposition

The court entered an order of dismissal based on the parties’ reported settlement in principle. It did not decide the merits of the underlying claims. The order was signed by United States District Judge Mary Kay Vyskocil on January 20, 2022.

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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