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S.D.N.Y.Procedural orderFiled Apr. 12, 2022

Keung v. Lucky Foot Spa Inc.

Judge
Vyskocil
Docket
1:21-cv-06687
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Keung v. Lucky Foot Spa, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by May 12, 2022, before dismissal becomes with prejudice.

Who this affects

Lin Kwok Keung and defendants Lucky Foot Spa Inc. and My Chao Realty Corp.; the action was discontinued based on the parties’ settlement in principle.

What happened

In Keung v. Lucky Foot Spa Inc., the parties told the court that they had reached a settlement in principle.

The court discontinued the action without costs to any party and initially without prejudice to restoring it to the court’s calendar if the parties could not put their settlement in writing.

Judge Mary Kay Vyskocil set May 12, 2022, as the deadline to request restoration; if no request was made by then, the dismissal would be with prejudice.

The detailed version

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

Case
Keung v. Lucky Foot Spa Inc. · No. 1:21-cv-06687
Judge
Vyskocil
Date
Apr. 12, 2022

Reason for the Order

The parties filed a letter informing the court that they 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 action be discontinued without costs to any party. It also stated that the action could be restored to the court’s calendar without prejudice if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by May 12, 2022.

The court further ordered that if no application to restore the action was made by that date, the dismissal would be with prejudice. The opinion does not decide the merits of the underlying dispute.

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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