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

Liu v. Toyota Motor Credit Corporation

Judge
Vyskocil
Docket
1:21-cv-10692
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Liu v. Toyota Motor Credit Corporation, Judge Vyskocil discontinued the case against Equifax after a settlement in principle, subject to restoration by April 18, 2022.

Who this affects

Yong Feng Liu and Equifax Information Services LLC were directly affected by the discontinuance and conditional dismissal. The order did not dispose of the action as to Toyota Motor Credit Corporation.

What happened

Liu v. Toyota Motor Credit Corporation involved Plaintiff Yong Feng Liu and Defendants Toyota Motor Credit Corporation and Equifax Information Services LLC. Liu told the court that he and Equifax had reached a settlement in principle.

The court discontinued the action only as to Equifax, without costs to any party. The dismissal could be undone if the parties could not put their settlement in writing and applied to restore the action by April 18, 2022.

Judge Mary Kay Vyskocil ordered that, if no restoration request was made by that date, the dismissal as to Equifax would be with prejudice. The order did not rule on the action as to Toyota Motor Credit Corporation.

The detailed version

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

Case
Liu v. Toyota Motor Credit Corporation · No. 1:21-cv-10692
Judge
Vyskocil
Date
Mar. 17, 2022

Background

Plaintiff Yong Feng Liu informed the court that he and Defendant Equifax Information Services LLC had reached a settlement in principle. The opinion does not describe the underlying claims.

Court’s Order

The court ordered that the action be discontinued solely as to Equifax, without costs to any party. The order allowed the parties to seek restoration of the action to the court’s calendar if they were unable to memorialize the settlement in writing, but any application to restore had to be made by April 18, 2022.

The court further stated that if no application to restore was made by April 18, 2022, the dismissal of the action as to Equifax would be with prejudice. The order did not dispose of the action as to Toyota Motor Credit Corporation.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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