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S.D.N.Y.Procedural orderFiled Aug. 15, 2022

Thorne v. H & M Hennes & Mauritz L.P.

Judge
Ronnie Abrams
Docket
1:19-cv-10346
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Thorne v. H & M Hennes & Mauritz L.P., Judge Abrams discontinued the action after the parties reported a settlement in principle.

Who this affects

Braulio Thorne, the putative similarly situated plaintiffs, and H & M Hennes & Mauritz L.P.; the case was closed, subject to a possible restoration application filed within 45 days.

What happened

In Thorne v. H & M Hennes & Mauritz L.P., the parties reported that they had reached a settlement in principle.

The court discontinued the case without costs to either party. The action could be restored if an application was filed within 45 days, and the Clerk was directed to close the case.

Judge Ronnie Abrams also stated that any settlement-enforcement terms had to be placed on the public record and approved by the court within the same 45-day period if the parties wanted the court to keep jurisdiction. The order did not decide the underlying claims.

The detailed version

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

Case
Thorne v. H & M Hennes & Mauritz L.P. · No. 1:19-cv-10346
Judge
Ronnie Abrams
Date
Aug. 15, 2022

Background

The court stated that the parties had reported reaching a settlement in principle. The opinion does not describe the claims, the proposed settlement terms, or whether the settlement received final approval.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore the action was made within 45 days. It stated 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.

If the parties wanted the court 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 45-day period. Judge Ronnie Abrams 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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