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S.D.N.Y.Procedural orderFiled Mar. 7, 2022

Antonio Andujar v. Bakers Pizza HK LLC

Judge
Ronnie Abrams
Docket
1:18-cv-11400-RA
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Shacory Antonio Andujar v. Bakers Pizza HK LLC, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

Shacory Antonio Andujar and the defendants in the settled action, including Bakers Pizza HK LLC; the order sets a 30-day deadline for restoring or reopening the case and for placing settlement terms on the public record if court enforcement is sought.

What happened

In Shacory Antonio Andujar v. Bakers Pizza HK LLC, the court was told that the case had been settled. The opinion does not describe the underlying claims or the settlement’s terms.

The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The Clerk of Court was directed to close the case. Any request to reopen filed after 30 days could be denied on that basis alone. The court also stated that any settlement terms the parties wanted it to enforce had to be made public and approved by the court within the same 30-day period.

Judge Ronnie Abrams issued the order on March 7, 2022.

The detailed version

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

Case
Antonio Andujar v. Bakers Pizza HK LLC · No. 1:18-cv-11400-RA
Judge
Ronnie Abrams
Date
Mar. 7, 2022

Background

The court stated that it had been informed that the case had settled. The order does not identify the underlying claims, explain the settlement terms, or describe the parties’ positions.

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 docket if an application to restore it was made within 30 days. The court warned 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.

The court further stated that, if the parties wanted the court to retain jurisdiction to enforce the 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. The order cited Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015).

Classification

This is a procedural order because the case was discontinued following settlement, without a decision on the underlying legal claims.

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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