Ajinomoto Co., Inc. v. CJ Cheiljedang Corp.
- Vyskocil
- 1:16-cv-03498
- U.S. District Court · Southern District of New York
- 1
Ajinomoto v. CJ Cheiljedang: Judge Vyskocil discontinued the action after settlement in principle, allowing restoration by March 8, 2022, or dismissal becomes with prejudice.
Ajinomoto Co., Inc., Ajinomoto Heartland Inc., CJ Cheiljedang Corp., CJ America, Inc., and PT Cheiljedang Indonesia. The action was discontinued without costs; it could be restored if the settlement was not put in writing and an application was made by March 8, 2022, otherwise the dismissal would be with prejudice.
What happened
In Ajinomoto Co., Inc. v. CJ Cheiljedang Corp., the parties told the court that they 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 any party. It allowed the parties to restore the action to the court’s calendar if they could not put their settlement in writing, but they had to apply by March 8, 2022.
Judge Mary Kay Vyskocil ordered that if no application to restore the action was made by March 8, 2022, the dismissal would be with prejudice.
The detailed version
- Ajinomoto Co., Inc. v. CJ Cheiljedang Corp. · No. 1:16-cv-03498
- Vyskocil
- Feb. 8, 2022
Background
The court was advised that the parties had reached a settlement in principle. The opinion does not identify the underlying claims or provide the settlement terms.
Order
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 March 8, 2022.
The order further states that if no application to restore the action was made by that date, the dismissal of the action would be with prejudice. The opinion does not state whether any application to restore the action was later made.
Classification and effect
This is a procedural order because the court discontinued the case based on the parties’ settlement in principle and did not decide the underlying legal claims. Judge Mary Kay Vyskocil entered the order on February 8, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.