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

Tavarez-Vargas v. Intersections Inc.

Judge
Vyskocil
Docket
1:21-cv-09921
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Tavarez-Vargas v. Intersections, Judge Vyskocil discontinued the action after the parties reported a settlement in principle, subject to possible restoration.

Who this affects

Carmen Tavarez-Vargas, the putative similarly situated group, and Intersections Inc.; the action was discontinued based on the parties’ reported settlement in principle.

What happened

In Tavarez-Vargas v. Intersections Inc., Plaintiff Carmen Tavarez-Vargas told the court that the parties had reached a settlement in principle.

The court discontinued the action without costs to either party and without prejudice to restoring it if the parties could not put their settlement in writing. Any request to restore the case had to be made by March 3, 2022.

Judge Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the action could not be restored.

The detailed version

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

Case
Tavarez-Vargas v. Intersections Inc. · No. 1:21-cv-09921
Judge
Vyskocil
Date
Feb. 3, 2022

Background

Carmen Tavarez-Vargas brought the action individually and on behalf of others similarly situated against Intersections Inc. The opinion states that Plaintiff informed the court that the parties had reached a settlement in principle. It does not describe the claims or the settlement terms.

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 March 3, 2022.

The court further ordered that if no such application was made by that date, the dismissal of the action would be with prejudice. Judge Mary Kay Vyskocil signed the order on February 3, 2022.

Disposition

The action was discontinued under the stated settlement-related conditions. The opinion does not report whether the parties later completed a written settlement or sought to restore the action.

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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