Abreu v. Jenkinson's Pavilion
- Vyskocil
- 1:22-cv-01210
- U.S. District Court · Southern District of New York
- 1
In Abreu v. Jenkinson’s Pavilion, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by April 29, 2022, or dismissal with prejudice.
Luigi Abreu, Jenkinson’s Pavilion, and the people Abreu sought to represent as others similarly situated.
What happened
In Abreu v. Jenkinson’s Pavilion, Luigi Abreu told the court that the parties had reached a settlement in principle. The opinion does not describe the settlement’s terms.
The court discontinued the action without costs to either party and without prejudice to restoring it to the court’s calendar if the parties could not put their settlement in writing. Any request to restore the action had to be made by April 29, 2022.
Judge Vyskocil ordered that if no restoration request was made by that date, the action’s dismissal would be with prejudice. The court did not decide the underlying claims.
The detailed version
- Abreu v. Jenkinson's Pavilion · No. 1:22-cv-01210
- Vyskocil
- Mar. 29, 2022
Background
Luigi Abreu brought the action individually and on behalf of all others similarly situated against Jenkinson’s Pavilion. The court received a letter from Abreu stating that the parties had reached a settlement in principle. The opinion does not provide the settlement’s terms or state whether any proposed class had been certified.
Order
The court ordered that the action was discontinued without costs to any party. The discontinuance was without prejudice to restoring the action to the court’s calendar if the parties could not memorialize their settlement in writing, meaning put the settlement into a written agreement. Any application to restore the action had to be made by April 29, 2022. If no such application was made by that date, the dismissal would be with prejudice.
Disposition
The court entered an order of dismissal based on the parties’ reported settlement in principle. It did not reach or decide the underlying claims. The judge was Mary Kay Vyskocil, United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.