Chalas v. Durkee-Mower, Inc.
- Vyskocil
- 1:22-cv-03887
- U.S. District Court · Southern District of New York
- 1
In Chalas v. Durkee-Mower, Judge Vyskocil discontinued the action after settlement in principle, allowing restoration by August 18, 2022.
Ana Chalas, Durkee-Mower, Inc., and the proposed group of similarly situated people identified in the complaint were affected by the conditional discontinuance and dismissal of the action.
What happened
Chalas v. Durkee-Mower, Inc. involved Ana Chalas, individually and on behalf of others similarly situated, against Durkee-Mower, Inc. The opinion does not describe the underlying claims.
Chalas informed the court that the parties had reached a settlement in principle. The court discontinued the action without costs to either party and allowed it to be restored if the parties could not put their settlement in writing and requested restoration by August 18, 2022.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would become with prejudice, meaning the action could not be reopened. The order did not decide the underlying claims.
The detailed version
- Chalas v. Durkee-Mower, Inc. · No. 1:22-cv-03887
- Vyskocil
- July 18, 2022
Background
Ana Chalas brought the action individually and on behalf of all others similarly situated against Durkee-Mower, Inc. The opinion does not state the substance of the claims.
Settlement and Disposition
The court received a letter from Chalas stating that the parties had reached a settlement in principle. The court therefore 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 August 18, 2022. If no such application was made by that date, the court stated that the dismissal would be with prejudice.
Classification
This was a procedural order resolving the case based on the parties’ reported settlement process. The court did not decide the merits of the underlying claims. Judge Mary Kay Vyskocil entered the order on July 18, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.