Bonilla v. Danes Parking Corp.
- Robert Lehrburger
- 1:20-cv-10184
- U.S. District Court · Southern District of New York
- 1
In Bonilla v. Danes Parking, Judge Vyskocil dismissed the settled case without costs, allowing restoration by March 7, 2022, or dismissal with prejudice.
Rafael Pena Bonilla, Danes Parking Corp., and Daniel Rosario; the action was dismissed based on the reported settlement, subject to the stated deadline for seeking restoration.
What happened
In Bonilla v. Danes Parking Corp., the court was told that the parties had reached a settlement, so the court-ordered mediation did not take place.
The court dismissed the case without costs to any party and allowed either party to seek restoration to the court’s calendar by March 7, 2022. If no application was made by that date, the dismissal became with prejudice. All other dates and deadlines were postponed indefinitely.
Judge Mary Kay Vyskocil issued the order on February 4, 2022, and warned that failing to pursue the case or comply with court orders could lead to dismissal with prejudice.
The detailed version
- Bonilla v. Danes Parking Corp. · No. 1:20-cv-10184
- Robert Lehrburger
- Feb. 4, 2022
Background
The court was informed that the court-ordered mediation had not been held because the parties told the mediator they had reached a settlement.
Ruling
The court ordered that the action be dismissed without costs to any party and without prejudice to restoring the action to the court’s calendar if an application to restore it was made by March 7, 2022. The order further provided that, if no application was made by that date, the dismissal would be with prejudice. A dismissal with prejudice generally prevents the action from being brought again. The court also postponed all other dates and deadlines indefinitely.
The order separately stated that failure to prosecute the case or comply with court orders could result in dismissal with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.