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S.D.N.Y.Procedural orderFiled Feb. 17, 2022

Tavarez-Vargas v. Gold Crest, LLC

Judge
Ronnie Abrams
Docket
1:21-cv-10608
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Tavarez-Vargas v. Gold Crest, LLC, Judge Abrams discontinued the action after a reported settlement, allowing reopening within 30 days.

Who this affects

Carmen Tavarez-Vargas, the other people she sought to represent, and Gold Crest, LLC. The action was closed, subject to a possible application to restore it within 30 days.

What happened

Tavarez-Vargas v. Gold Crest, LLC involved Carmen Tavarez-Vargas, individually and on behalf of others similarly situated, against Gold Crest, LLC. The court was told that all parties had reached a settlement in principle.

The court discontinued the action without fees or costs to any party. It allowed the action to be restored to the court’s docket if an application was filed within 30 days, and directed the Clerk of Court to close the case.

Judge Ronnie Abrams also stated that any settlement terms would have to be placed on the public record and approved by the court within the same 30-day period if the parties wanted the court to keep authority to enforce the agreement.

The detailed version

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

Case
Tavarez-Vargas v. Gold Crest, LLC · No. 1:21-cv-10608
Judge
Ronnie Abrams
Date
Feb. 17, 2022

Background

The court stated that it had been informed that a settlement in principle had been reached among all parties. The opinion does not describe the underlying claims or the settlement’s terms.

Ruling

The court ordered that the action be discontinued without fees or costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. It stated that an application filed after that deadline could be denied solely because it was late. The Clerk of Court was directed to close the case.

If the parties wanted the court to retain authority to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. Judge Ronnie Abrams signed the order on February 17, 2022.

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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