Volman v. Charlie Boy Enterprises Inc.
- Vyskocil
- 1:22-cv-01040
- U.S. District Court · Southern District of New York
- 1
In Volman v. Charlie Boy Enterprises, Judge Vyskocil discontinued the case after a settlement in principle, with restoration available until August 12, 2022.
Plaintiff Josef Volman and defendants Charlie Boy Enterprises Inc., doing business as Samba Kitchen, and 457 West 50th Street, LLC. The case was discontinued based on the reported settlement in principle, subject to possible restoration by August 12, 2022.
What happened
In Volman v. Charlie Boy Enterprises Inc., plaintiff Josef Volman told the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
The court discontinued the case without costs to any party and allowed either side to seek restoration of the case to the court’s calendar by August 12, 2022. All other dates and deadlines were postponed indefinitely.
Judge Mary Kay Vyskocil ordered that if no application to restore the case was made by August 12, 2022, the dismissal would be with prejudice, meaning the action could not be reopened through that procedure.
The detailed version
- Volman v. Charlie Boy Enterprises Inc. · No. 1:22-cv-01040
- Vyskocil
- July 13, 2022
Background
The court received a letter from plaintiff Josef Volman stating that the parties had reached a settlement in principle. The opinion does not identify the underlying claims or provide the settlement terms.
Court’s Action
The court entered an order of dismissal. It discontinued the case without costs to any party and without prejudice to restoring the case to the court’s calendar, provided that an application to restore was made by August 12, 2022. “Without prejudice” in this context meant the case could be restored if the stated deadline was met. The court also adjourned all other dates and deadlines indefinitely.
Disposition
The order stated that if no application to restore the case was made by August 12, 2022, the dismissal would be with prejudice. That would bar restoration of the action through that procedure. Judge Mary Kay Vyskocil signed the order on July 13, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.