Contreras v. Cinmar, LLC
- Vyskocil
- 1:22-cv-00449
- U.S. District Court · Southern District of New York
- 1
In Contreras v. Cinmar, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by May 15, 2022, under specified conditions.
Yensy Contreras and Cinmar, LLC; the action also purported to include all others similarly situated, although the opinion does not say that a class was certified.
What happened
Yensy Contreras brought Contreras v. Cinmar, LLC individually and on behalf of all others similarly situated against Cinmar, LLC. The opinion does not identify the underlying claims.
Cinmar informed the court that the parties had reached a settlement in principle. The opinion does not provide the settlement’s terms or say that the parties had completed a written settlement.
Judge Mary Kay Vyskocil ordered the action discontinued without costs to either party and without prejudice to restoring it if the parties could not put their settlement in writing and applied to restore the case by May 15, 2022. If no application was made by that date, the dismissal would be with prejudice.
The detailed version
- Contreras v. Cinmar, LLC · No. 1:22-cv-00449
- Vyskocil
- Apr. 15, 2022
Background
Yensy Contreras sued Cinmar, LLC individually and on behalf of all others similarly situated. The opinion does not state what claims Contreras asserted. Cinmar filed a letter informing the court that the parties had reached a settlement in principle.
Court’s Order
The court ordered that the action be discontinued without costs to any party. The discontinuance was without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by May 15, 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 describe the settlement terms, decide the underlying claims, or state whether any class was certified.
Disposition
Judge Mary Kay Vyskocil entered an order of dismissal based on the parties’ reported settlement in principle. The order discontinued the action without costs, subject to the stated restoration deadline, and made the dismissal with prejudice if no timely restoration application was filed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.