Weekes v. Educational Testing Service
- Vyskocil
- 1:21-cv-10789
- U.S. District Court · Southern District of New York
- 1
In Weekes v. Educational Testing Service, Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by March 16, 2022.
Robert Weekes and Educational Testing Service; the action was discontinued, with a limited opportunity to restore it if the settlement was not put in writing.
What happened
In Weekes v. Educational Testing Service, the defendant told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party and allowed it to be restored if the parties could not put their settlement in writing, provided a request was made by March 16, 2022.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, and directed the clerk to terminate the relevant docket entry.
The detailed version
- Weekes v. Educational Testing Service · No. 1:21-cv-10789
- Vyskocil
- Feb. 16, 2022
Background
The court received a letter from Educational Testing Service stating that the parties had reached a settlement in principle. The opinion does not describe the claims, the proposed class, or the settlement's 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 16, 2022.
If no restoration application was made by that date, the court stated that the dismissal would be with prejudice. The court also requested that the clerk terminate docket entry 10.
Effect
This was a procedural order ending the case based on the parties' settlement in principle, rather than a decision resolving the underlying claims. The order provided a limited opportunity to restore the action before the dismissal became with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.