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S.D.N.Y.Procedural orderFiled May 16, 2022

Ortega v. ZJH Holdings LLC

Judge
Ronnie Abrams
Docket
1:22-cv-02110
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Ortega v. ZJH Holdings LLC, Judge Abrams discontinued the settled action without costs and without prejudice to timely restoration.

Who this affects

Juan Ortega, ZJH Holdings LLC, and the other people Ortega sought to represent in the action were affected by the discontinuance and case closure, subject to the court’s 30-day restoration and settlement-enforcement procedures.

What happened

In Ortega v. ZJH Holdings LLC, the court was informed that the parties had settled the case. The opinion does not describe the settlement’s terms.

The court discontinued the action without costs to either party and without prejudice to restoring it if an application was made within 30 days. The Clerk of Court was directed to close the case.

Judge Ronnie Abrams also said that any request to reopen filed after 30 days could be denied solely because it was late. If the parties wanted the court to keep jurisdiction to enforce the settlement, they had to put the agreement on the public record and obtain the court’s approval within that same period.

The detailed version

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

Case
Ortega v. ZJH Holdings LLC · No. 1:22-cv-02110
Judge
Ronnie Abrams
Date
May 16, 2022

Background

The court stated that it had been informed that this action had settled. The opinion does not provide the settlement’s terms or state whether any class was certified.

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 docket if an application to restore it was made within 30 days. It further stated that any application to reopen filed after that period could be denied solely because it was untimely.

The court also stated that, if the parties wanted it to retain jurisdiction to enforce the 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 close the case.

Disposition

Judge Ronnie Abrams discontinued the action and directed the Clerk of Court to close the case, subject to the stated 30-day procedures for restoration or reopening.

The authoritative version

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

Open opinion PDF →
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