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S.D.N.Y.Procedural orderFiled June 22, 2022

Fischler v. Covid Care NYNJ LLC

Judge
Vyskocil
Docket
1:22-cv-01488
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Fischler v. Covid Care NYNJ LLC, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by July 22, 2022.

Who this affects

Brian Fischler, Covid Care NYNJ LLC, and the similarly situated people on whose behalf Fischler brought the action.

What happened

In Fischler v. Covid Care NYNJ LLC, Brian Fischler told the court that the parties had reached a settlement in principle. Fischler brought the action individually and on behalf of similarly situated people.

The court discontinued the action without costs to either party and without prejudice to restoring it if the parties could not put their settlement in writing. Any request to restore the case had to be made by July 22, 2022.

Judge Mary Kay Vyskocil ordered that if no request to restore the action was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Fischler v. Covid Care NYNJ LLC · No. 1:22-cv-01488
Judge
Vyskocil
Date
June 22, 2022

Background Brian Fischler sued Covid Care NYNJ LLC, doing business as Covid Care, individually and on behalf of all other similarly situated persons. Fischler filed a letter informing the court that the parties had reached a settlement 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 calendar if the parties could not memorialize their settlement in writing. The court required any application to restore the action to be made by July 22, 2022.

Effect of the Order The court stated that if no application to restore the action was made by July 22, 2022, the dismissal would be with prejudice. The opinion did not decide the underlying claims or approve the settlement’s terms.

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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