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S.D.N.Y.Procedural orderFiled Apr. 1, 2022

King v. Malcolm

Judge
Vyskocil
Docket
1:21-cv-06986
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In King v. Malcolm, Judge Vyskocil discontinued the settled case without costs, allowing restoration by May 1, 2022 before dismissal with prejudice.

Who this affects

Sharif King and the defendants, including Omar Malcolm, Assistant Deputy Warden, Shield No. 184, and the other named defendants.

What happened

In King v. Malcolm, the court was informed that the parties had reached a settlement in principle.

The court discontinued the case without costs to either side and without prejudice to restoring it to the court’s calendar if an application was made by May 1, 2022. If no application was made by that date, the dismissal would be with prejudice.

Judge Mary Kay Vyskocil also adjourned all other dates and deadlines and directed the Clerk of Court to terminate the pending letter motions at docket entries 13 and 17.

The detailed version

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

Case
King v. Malcolm · No. 1:21-cv-06986
Judge
Vyskocil
Date
Apr. 1, 2022

Background

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

Court’s Action

The court ordered that the case be discontinued without costs to any party. The discontinuance was without prejudice to restoring the case to the court’s calendar if an application to restore it was made by May 1, 2022. The order further stated that if no such application was made by that date, the dismissal of the action would be with prejudice.

The court also adjourned all other dates and deadlines and requested that the Clerk of Court terminate the letter motions pending at docket entries 13 and 17. The order did not decide the merits of the underlying claims.

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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