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S.D.N.Y.Procedural orderFiled Apr. 14, 2022

Wilmington Trust, National Association v. Steak n Shake Inc.

Judge
Denise Cote
Docket
1:21-cv-02495
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Wilmington Trust v. Steak n Shake, Judge Cote discontinued the settled action without costs, allowing restoration by May 16, 2022, otherwise with prejudice.

Who this affects

Wilmington Trust, National Association and Steak n Shake Inc.

What happened

Wilmington Trust, National Association v. Steak n Shake Inc. was reported to the court as settled. The opinion does not describe the dispute or settlement terms.

The court discontinued the action without costs to either party and allowed either party to ask to restore it to the court’s calendar by May 16, 2022. If no such application was made by that date, the dismissal would be with prejudice.

Judge Denise Cote issued the order on April 14, 2022. The order did not decide the parties’ underlying legal dispute.

The detailed version

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

Case
Wilmington Trust, National Association v. Steak n Shake Inc. · No. 1:21-cv-02495
Judge
Denise Cote
Date
Apr. 14, 2022

Background

The court stated that it had been informed that the case had been settled. The opinion does not provide the settlement’s terms or explain the underlying claims.

Ruling

Judge Denise Cote ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar if an application to restore it was made by May 16, 2022. The order further stated that if no such application was made by that date, the dismissal of the action would be with prejudice.

Effect

The order ended the action under the stated settlement-related procedure. It did 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.

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