Fontanez v. Kohana Coffee, LLC
- Vyskocil
- 1:22-cv-05584
- U.S. District Court · Southern District of New York
- 1
Fontanez v. Kohana Coffee ended after settlement; Judge Vyskocil dismissed the case without costs, subject to restoration by September 6, 2022.
Ramon Fontanez, Kohana Coffee, and the putative group of similarly situated people identified in the complaint. The opinion does not describe the settlement’s terms.
What happened
In Fontanez v. Kohana Coffee, the plaintiff told the court that the parties had reached a settlement. The opinion does not describe the settlement’s terms.
The court ordered the case discontinued without costs to either party and without prejudice to restoring it to the court’s calendar by September 6, 2022. If no restoration request was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil also adjourned all other dates and deadlines indefinitely. The order was entered on August 3, 2022.
The detailed version
- Fontanez v. Kohana Coffee, LLC · No. 1:22-cv-05584
- Vyskocil
- Aug. 3, 2022
Background
Ramon Fontanez sued Kohana Coffee on behalf of himself and all others similarly situated. The court received a letter from Fontanez stating that the parties had reached a settlement. The opinion does not provide the settlement’s terms or indicate whether the court reviewed or approved those terms.
Court’s action
The court ordered that the case be discontinued without costs to any party. The order allowed the case to be restored to the court’s calendar if an application to restore it was made by September 6, 2022. If no application was made by that date, the court stated that the dismissal would be with prejudice. The court also adjourned all other dates and deadlines indefinitely.
Classification and effect
This is a procedural order because the court ended the case based on the parties’ reported settlement without deciding the underlying claims. The order affected Fontanez and Kohana Coffee, as well as the putative group identified in the complaint, but it does not state what relief the settlement provided.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.