Monegro v. Try Treats, LLC
- Vyskocil
- 1:21-cv-03354
- U.S. District Court · Southern District of New York
- 1
In Monegro v. Try Treats, Judge Vyskocil discontinued the case after a settlement in principle, allowing restoration by June 28, 2022.
Frankie Monegro, the defendant, and the people Monegro described as similarly situated were affected by the discontinuance and the June 28, 2022 deadline to seek restoration.
What happened
In Monegro v. Try Treats, LLC, Frankie Monegro told the court that the parties had reached a settlement in principle. He had brought the case on behalf of himself and others described as similarly situated.
The court discontinued the case without costs to any party and without prejudice to restoring it to the court’s calendar if an application was made by June 28, 2022. If no application was made by that date, the dismissal would be with prejudice. The court also postponed all other dates and deadlines without setting a new date.
Judge Mary Kay Vyskocil entered the dismissal order on April 28, 2022.
The detailed version
- Monegro v. Try Treats, LLC · No. 1:21-cv-03354
- Vyskocil
- Apr. 28, 2022
Background
Frankie Monegro brought the action on behalf of himself and all others similarly situated. The court received a letter from Monegro stating that the parties had reached a settlement in principle.
Ruling
The court ordered that the case be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar. A party could apply to restore the case by June 28, 2022. The order stated that if no such application was made by that date, the dismissal of the action would be with prejudice. The court adjourned all other dates and deadlines without setting a new date.
What the Order Did Not Decide
The order did not decide the merits of the claims or state that the court approved the settlement. It disposed of the case based on the parties’ reported settlement in principle.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.