Melendez v. Lopez
- Vyskocil
- 1:22-cv-03092
- U.S. District Court · Southern District of New York
- 1
Melendez v. Lopez: Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by September 1, 2022, otherwise dismissal became with prejudice.
Carmen Melendez, Marcos O. Lopez, and Navarro Trucking LLC.
What happened
In Melendez v. Lopez, Carmen Melendez sued Marcos O. Lopez and Navarro Trucking LLC. The court received a letter stating that the parties had reached a settlement in principle.
The court discontinued the case without costs to any party. The parties could ask to restore the case if they could not put their settlement in writing, but they had to apply by September 1, 2022.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the case could not be reopened.
The detailed version
- Melendez v. Lopez · No. 1:22-cv-03092
- Vyskocil
- Aug. 1, 2022
Background
Carmen Melendez brought this action against Marcos O. Lopez and Navarro Trucking LLC. The court received a letter from the defendants stating that the parties had reached a settlement in principle.
Court’s Order
The court ordered that the action be discontinued without costs to any party. The dismissal was initially without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by September 1, 2022, and the parties would have to respond to the court’s order to show cause if they sought to reopen the matter.
The court further ordered that if no application to restore the action was made by September 1, 2022, the dismissal would be with prejudice. A dismissal with prejudice bars the action from being reopened. The opinion does not decide the underlying claims.
Disposition
The action was discontinued under the stated settlement-related conditions. The order was signed by Judge Mary Kay Vyskocil.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.