Guerrero v. Swisher International, Inc.
- Vyskocil
- 1:22-cv-00479
- U.S. District Court · Southern District of New York
- 1
In Guerrero v. Swisher International, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by May 22, 2022, or dismissal with prejudice.
Edelmira Guerrero, the putative similarly situated plaintiffs, and Swisher International, Inc.; the action was discontinued subject to the stated restoration deadline and settlement condition.
What happened
In Guerrero v. Swisher International, Inc., Edelmira Guerrero told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party. The case could be restored if the parties could not put their settlement in writing and an application to restore it was filed by May 22, 2022. If no application was filed by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil entered the order on April 22, 2022. The order did not decide the underlying claims.
The detailed version
- Guerrero v. Swisher International, Inc. · No. 1:22-cv-00479
- Vyskocil
- Apr. 22, 2022
Background
Edelmira Guerrero filed the action individually and on behalf of all others similarly situated against Swisher International, Inc. The opinion states that Plaintiff sent the court a letter reporting that the parties had reached a settlement in principle.
Court’s Action
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 22, 2022.
Effect of the Order
If no application to restore the action was made by May 22, 2022, the order stated that the dismissal would be with prejudice. The opinion did not address the merits of the underlying claims. Judge Mary Kay Vyskocil signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.