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S.D.N.Y.Procedural orderFiled May 6, 2022

Ortega v. NeuroMetrix, Inc.

Judge
Ronnie Abrams
Docket
1:21-cv-10995
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

Ortega v. Neurometrikx was discontinued after a settlement in principle, and Judge Abrams ordered closure with restoration allowed within 30 days.

Who this affects

Juan Ortega, the others he sought to represent, and Neurometrikx, Inc.; the court closed the action after being told it had settled in principle.

What happened

In Ortega v. Neurometrikx, Inc., Juan Ortega brought the case on behalf of himself and others similarly situated. The opinion does not describe the claims or the settlement terms.

The court was informed that the case had been settled in principle. It discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The court also directed the Clerk to terminate the pending motion and close the case.

Judge Ronnie Abrams ordered that any request to reopen the case be filed within 30 days of the order. The order stated that settlement terms would have to be placed on the public record and approved by the court if the parties wanted the court to retain jurisdiction to enforce the settlement.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ortega v. NeuroMetrix, Inc. · No. 1:21-cv-10995
Judge
Ronnie Abrams
Date
May 6, 2022

Background

Juan Ortega brought this action on behalf of himself and all others similarly situated against Neurometrikx, Inc. The opinion does not state the claims or provide the terms of the settlement. The court was informed that the case had been settled in principle.

Court’s Action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. It stated that any application to reopen the action had to be filed within 30 days of the order and that an application filed later could be denied solely because it was late.

The court further stated that, if the parties wanted it to retain jurisdiction to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to terminate the motion pending at Dkt. 17 and close the case.

Disposition

The court discontinued the action, terminated the pending motion, and closed the case. The order did not describe or approve the settlement terms. Judge Ronnie Abrams signed the order on May 6, 2022.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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