Paguada v. Big IP Opco, LLC
- Ronnie Abrams
- 1:22-cv-00834
- U.S. District Court · Southern District of New York
- 1
In Paguada v. Big IP Opco, Judge Abrams discontinued the settled-in-principle action without prejudice to timely restoration.
Josue Paguada, the others he sought to represent, and Big IP Opco, LLC; the case was closed subject to a 60-day opportunity to seek restoration.
What happened
In Paguada v. Big IP Opco, LLC, Josue Paguada brought the case for himself and others similarly situated. The court was told that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party and without prejudice to restoring it to the court’s docket. An application to reopen had to be filed within 60 days of the order, or it could be denied solely because it was late.
Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to place the settlement terms on the public record and obtain the court’s approval within the same 60-day period. The Clerk was directed to close the case.
The detailed version
- Paguada v. Big IP Opco, LLC · No. 1:22-cv-00834
- Ronnie Abrams
- Apr. 12, 2022
Background
Josue Paguada sued Big IP Opco, LLC, on behalf of himself and all others similarly situated. The opinion does not describe the underlying claims or the proposed class.
Settlement and Disposition
The court stated that it had been informed that the case had been settled in principle. It ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 60 days.
The order stated that any application to reopen filed after the 60-day period could be denied solely because it was late. It also stated that, if the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 60-day period. The Clerk of Court was directed to close the case.
Ruling
Judge Ronnie Abrams entered the discontinuance order on April 12, 2022. The order did not state the settlement’s terms or decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.