Keung v. 99 Cents Fresh Pizza Canal St Inc.
- Vyskocil
- 1:21-cv-07315
- U.S. District Court · Southern District of New York
- 1
In Keung v. 99 Cents Fresh Pizza Canal St Inc., Judge Vyskocil discontinued the settled action, allowing restoration by March 7, 2022.
The plaintiff and defendants, whose action was discontinued after the mediator reported that they had settled all issues. The court did not retain jurisdiction to enforce the settlement agreement.
What happened
In Keung v. 99 Cents Fresh Pizza Canal St Inc., the mediator informed the court that the parties had reached an agreement resolving all issues.
The court discontinued the action without costs to any party and allowed either side to seek restoration to the court’s calendar by March 7, 2022. If no application was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil also stated that the court would not retain jurisdiction to enforce the settlement agreement and adjourned all other dates and deadlines indefinitely.
The detailed version
- Keung v. 99 Cents Fresh Pizza Canal St Inc. · No. 1:21-cv-07315
- Vyskocil
- Feb. 4, 2022
Background
The mediator informed the court that the parties had reached an agreement on all issues. The opinion does not describe the settlement’s terms.
Ruling
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 an application to restore it was made by March 7, 2022. The order states that if no such application was made by that date, the dismissal would be with prejudice. The court also stated that it would not retain jurisdiction to enforce the settlement agreement and adjourned all other dates and deadlines indefinitely.
Effect
The case was closed subject to the stated deadline for seeking restoration. The opinion does not identify the settlement terms or explain which party, if any, would be responsible for seeking restoration.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.