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S.D.N.Y.Procedural orderFiled Apr. 11, 2022

Weekes v. Biogix, Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-00287
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Weekes v. Biogix, Inc., Judge Abrams discontinued the settled action without fees or costs, allowing restoration within 30 days.

Who this affects

Robert Weekes, the other people he sued on behalf of, and Biogix, Inc.; the opinion does not state the settlement terms.

What happened

Weekes v. Biogix, Inc. was a case brought by Robert Weekes against Biogix, Inc.; the court was told that all parties had reached a settlement.

The order did not describe the settlement’s terms or decide the underlying claims. It discontinued the action without fees or costs to any party and allowed a request to restore the case to the court’s docket within 30 days.

Judge Ronnie Abrams also stated that any request to reopen filed after 30 days could be denied on that basis. The clerk was directed to close the case.

The detailed version

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

Case
Weekes v. Biogix, Inc. · No. 1:22-cv-00287
Judge
Ronnie Abrams
Date
Apr. 11, 2022

Background

Robert Weekes sued Biogix, Inc. individually and on behalf of all others similarly situated. The court stated that it had been informed that all parties had reached a settlement. The order did not provide the settlement’s terms and did not state whether any class had been certified.

Court’s Action

The court ordered that the action be discontinued without fees or costs to any party. It also ordered that the action could be restored to the court’s docket if an application to restore it was made within 30 days. Any application to reopen filed after that period could be denied solely because it was late.

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 clerk was directed to close the case.

Result

Judge Ronnie Abrams discontinued the action under the stated conditions. The order did not reach or 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.

Open opinion PDF →
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