Contreras v. Pharmavite LLC
- Ronnie Abrams
- 1:21-cv-09065
- U.S. District Court · Southern District of New York
- 1
In Contreras v. Pharmavite LLC, Judge Abrams discontinued the action while the parties finalized a settlement, allowing reopening within 30 days.
Yensy Contreras, the putative class members identified in the complaint, and Pharmavite LLC were affected by the discontinuance and case closure. The parties had 30 days to seek restoration, and they could ask the court to retain authority to enforce the settlement only if its terms were placed on the public record and approved by the court within that period.
What happened
In Contreras v. Pharmavite LLC, the court was told that the parties were finalizing a settlement agreement.
The court discontinued the action without costs to either party and allowed it to be restored to the docket if an application was filed within 30 days. The Clerk of Court was directed to close the case.
Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to be placed on the public record and approved by the court within the same 30-day period.
The detailed version
- Contreras v. Pharmavite LLC · No. 1:21-cv-09065
- Ronnie Abrams
- Apr. 12, 2022
Background
The court stated that the parties were in the process of finalizing a settlement agreement. The order did not describe the settlement terms or decide the underlying claims.
What the Court Ordered
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore the action was made within 30 days. It warned that an application filed after that period could be denied solely because it was late.
The court also stated that, if the parties wanted the court to retain jurisdiction—that is, continuing authority—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 of Court was directed to close the case.
Effect of the Order
The order ended the case on the court’s docket while preserving the stated 30-day procedure for seeking restoration. It did not rule on the merits of the plaintiff’s claims or the defendant’s defenses. Judge Ronnie Abrams signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.