Tavarez v. Rowdy Mermaid Inc.
- Vyskocil
- 1:21-cv-09782
- U.S. District Court · Southern District of New York
- 1
In Tavarez v. Rowdy Mermaid, Judge Vyskocil dismissed the action after a settlement in principle, allowing restoration by May 27, 2022 if the settlement was not written.
Victoriano Tavarez and Rowdy Mermaid Inc.; the action was discontinued under the stated settlement-related conditions.
What happened
Tavarez v. Rowdy Mermaid Inc. involved a letter from Plaintiff Victoriano Tavarez telling the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party and allowed it to be restored to the court’s calendar if the parties could not put their settlement in writing and an application to restore was filed by May 27, 2022.
Judge Mary Kay Vyskocil ordered that, if no application to restore was filed by that date, the dismissal would be with prejudice.
The detailed version
- Tavarez v. Rowdy Mermaid Inc. · No. 1:21-cv-09782
- Vyskocil
- Apr. 26, 2022
Background
The court received a letter filed by Plaintiff Victoriano Tavarez stating that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
Ruling
Judge Mary Kay Vyskocil 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 27, 2022. The order further states that if no such application was made by that date, the dismissal of the action would be with prejudice.
Effect
The opinion resolved the case through a conditional dismissal based on the parties’ reported settlement in principle. It did not decide the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.