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S.D.N.Y.Procedural orderFiled May 19, 2022

Tavarez v. Rock Paradise, LLC

Judge
Ronnie Abrams
Docket
1:21-cv-09988
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Tavarez v. Rock Paradise, Judge Abrams discontinued the settled action without fees or costs and without prejudice to timely restoration.

Who this affects

Vict oriano Tavarez, the other people represented in the action, and Rock Paradise, LLC; the action was closed subject to the stated 30-day restoration and settlement-enforcement conditions.

What happened

In Tavarez v. Rock Paradise, LLC, the court was told that all parties had reached a settlement.

The court discontinued the action without fees or costs to any party. It allowed a request to restore the case to the court’s docket if filed within 30 days, and directed the Clerk of Court to close the case.

Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to place the agreement on the public record and obtain the court’s approval within the same 30-day period.

The detailed version

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

Case
Tavarez v. Rock Paradise, LLC · No. 1:21-cv-09988
Judge
Ronnie Abrams
Date
May 19, 2022

Background

Vict oriano Tavarez brought the action individually and on behalf of all others similarly situated against Rock Paradise, LLC. The court stated that it had been informed that all parties had reached a settlement.

Ruling

The court ordered that the action be discontinued without fees or 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. The court warned that an application filed after that period could be denied solely because it was late.

The court further stated that, if the parties wanted the court to retain authority 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. Judge Ronnie Abrams signed the order on May 19, 2022.

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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