Tavarez v. FCA US LLC
- Vyskocil
- 1:21-cv-09825
- U.S. District Court · Southern District of New York
- 1
In Tavarez v. FCA US LLC, Judge Vyskocil discontinued the settled case without costs, allowing restoration by May 1, 2022.
Victoriano Tavarez, FCA US LLC, and the proposed group of similarly situated people identified in the complaint were affected by the case’s discontinuance and conditional dismissal.
What happened
Tavarez v. FCA US LLC involved a letter telling the court that the parties had reached a settlement in principle.
The court discontinued the case without costs to any party and allowed either side to ask to restore it to the court’s calendar by May 1, 2022. All other dates and deadlines were postponed indefinitely.
Judge Mary Kay Vyskocil ordered that, if no restoration request was made by May 1, 2022, the dismissal would be with prejudice. She also directed the Clerk of Court to terminate the pending motion at docket entry 21.
The detailed version
- Tavarez v. FCA US LLC · No. 1:21-cv-09825
- Vyskocil
- Apr. 1, 2022
Background
The court received a letter from Plaintiff Victoriano Tavarez stating that the parties had reached a settlement in principle. The opinion does not describe the settlement’s terms or the claims’ underlying facts.
Ruling
The court ordered that the case be discontinued without costs to any party and without prejudice to restoring the case to the court’s calendar if an application to restore it was made by May 1, 2022. In this context, “without prejudice” allowed the case to be restored during that period. If no application was made by that date, the court stated that the dismissal would be with prejudice.
The court also postponed all other dates and deadlines indefinitely and requested that the Clerk of Court terminate the motion pending at docket entry 21.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.