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S.D.N.Y.Procedural orderFiled Aug. 2, 2022

Ortega v. Serendipity Brands LLC

Judge
Ronnie Abrams
Docket
1:22-cv-00939
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Ortega v. Serendipity Brands, Judge Abrams discontinued the settled action without costs, allowing restoration within 30 days.

Who this affects

Juan Ortega, Serendipity Brands LLC, and the putative group of similarly situated persons identified in the complaint. The action was closed, subject to a possible application to restore it within 30 days.

What happened

Ortega v. Serendipity Brands LLC involved Juan Ortega, who sued individually and on behalf of others similarly situated against Serendipity Brands LLC. The court was informed that the case had been settled.

The court ordered that the action be discontinued without costs to either party. It allowed a request to restore the case to the court’s docket if made within 30 days of the order.

Judge Ronnie Abrams also directed that any request to reopen the case be filed within 30 days and stated that later requests could be denied solely because they were late. The clerk was directed to close the case.

The detailed version

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

Case
Ortega v. Serendipity Brands LLC · No. 1:22-cv-00939
Judge
Ronnie Abrams
Date
Aug. 2, 2022

Background

Juan Ortega brought the action individually and on behalf of all others similarly situated against Serendipity Brands LLC. The opinion states that the Court was informed that the case had been settled. It does not describe the claims, the settlement terms, or the parties’ positions on the merits.

Order

The Court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the Court’s docket if an application to restore it was made within 30 days. The Court stated that any application to reopen the action had to be filed within 30 days of the order and that an application filed later could be denied solely on that basis.

The Court also stated that, if the parties wanted it to retain jurisdiction 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 30-day period. The Clerk of Court was directed to close the case.

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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