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S.D.N.Y.Procedural orderFiled Aug. 4, 2022

Maddy v. Perry Ellis International, Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-04151
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Maddy v. Perry Ellis, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.

Who this affects

Veronica Maddy, the defendant identified in the opinion’s caption as Perry Ellic, Inc., and the action’s potential similarly situated participants.

What happened

Maddy v. Perry Ellis International, Inc. was reported to have been settled in principle. The opinion does not describe the settlement’s terms or decide the parties’ underlying claims.

The court discontinued the action without costs to either party and without prejudice to restoring it within 30 days. It directed the Clerk of Court to close the case.

Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to be placed on the public record and approved by the court within the same 30-day period.

The detailed version

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

Case
Maddy v. Perry Ellis International, Inc. · No. 1:22-cv-04151
Judge
Ronnie Abrams
Date
Aug. 4, 2022

Background

The court stated that it had been informed that the case had been settled in principle. The opinion does not provide the settlement’s terms or address the merits of Veronica Maddy’s claims against Perry Ellic, Inc., the defendant name shown in the opinion’s caption.

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. It warned that an application filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

The court further stated that, if the parties wanted the court to retain authority 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.

Disposition

Judge Ronnie Abrams discontinued the action without costs and without prejudice to restoration within 30 days. The order did not decide the underlying claims.

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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