Ortega v. Absolute Fencing Gear Inc.
- Vyskocil
- 1:21-cv-10061
- U.S. District Court · Southern District of New York
- 1
In Ortega v. Absolute Fencing Gear, Judge Vyskocil discontinued the action after a settlement in principle, subject to limited restoration and later prejudice terms.
Juan Ortega and Absolute Fencing Gear Inc.; the action was discontinued under terms tied to memorializing their settlement.
What happened
In Ortega v. Absolute Fencing Gear Inc., the plaintiff 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, but any request to restore it had to be made by May 26, 2022. If no request was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the order on April 25, 2022. The order did not decide the underlying dispute.
The detailed version
- Ortega v. Absolute Fencing Gear Inc. · No. 1:21-cv-10061
- Vyskocil
- Apr. 25, 2022
Background
The court received a letter from Plaintiff Juan Ortega stating that the parties had reached a settlement in principle. The opinion does not describe the claims or the settlement's terms.
Court’s Order
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court's calendar if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by May 26, 2022.
The court further stated that if no application to restore the action was made by that date, the dismissal would be with prejudice. The order therefore resolved the case based on the reported settlement process rather than deciding the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.