Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled June 10, 2022

Graciano v. Godinger Silver Art Ltd.

Judge
Ronnie Abrams
Docket
1:21-cv-06935
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Graciano v. Godinger Silver Art Ltd., Judge Abrams discontinued the action after the parties reported a settlement in principle, without costs and without prejudice to timely restoration.

Who this affects

Sandy Graciano, Godinger Silver Art Ltd., and the similarly situated people represented in the action. The case was discontinued, with a possible application to restore it within 45 days.

What happened

Sandy Graciano brought Graciano v. Godinger Silver Art Ltd. on behalf of himself and other similarly situated people. The court was told that the parties had reached a settlement in principle.

The court discontinued the action without costs to either party. The case could be restored if an application was made within 45 days of the order.

Judge Abrams also directed that any request to reopen filed after 45 days could be denied on that basis alone. The Clerk of Court was directed to close the case; the order did not decide the underlying claims.

The detailed version

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

Case
Graciano v. Godinger Silver Art Ltd. · No. 1:21-cv-06935
Judge
Ronnie Abrams
Date
June 10, 2022

Background

Sandy Graciano sued Godinger Silver Art Ltd. on behalf of himself and all other persons similarly situated. The opinion states that the parties reported reaching a settlement in principle.

What the Court Ordered

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore the action was made within 45 days. It further stated that any application to reopen filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

The court also stated that, if the parties wanted it to retain authority 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 45-day period. The opinion does not state the settlement’s terms or approve a settlement.

Ruling

Judge Ronnie Abrams discontinued the action under the stated conditions. The order did not decide the underlying claims.

The authoritative version

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

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.