Picon v. Holsten Jewelers Inc.
- Ronnie Abrams
- 1:22-cv-03437
- U.S. District Court · Southern District of New York
- 1
In Picon v. Holsten Jewelers, Judge Abrams discontinued the action after a reported settlement, without fees or costs, while allowing restoration within 45 days.
Yelitza Picon, the people she sought to represent, and Holsten Jewelers Inc.; the action was closed, subject to a possible application to restore it within 45 days.
What happened
Picon v. Holsten Jewelers Inc. was brought by Yelitza Picon on behalf of herself and other similarly situated people against Holsten Jewelers Inc. The court was told that all parties had reached a settlement in principle.
The court discontinued the action without fees or costs to any party. It allowed an application to restore the action to the court’s docket if filed within 45 days, and directed the Clerk of Court to close the case. The order did not state that the court approved the settlement.
Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to place the settlement terms on the public record and receive the court’s approval within the same 45-day period.
The detailed version
- Picon v. Holsten Jewelers Inc. · No. 1:22-cv-03437
- Ronnie Abrams
- Aug. 17, 2022
Background
Yelitza Picon sued Holsten Jewelers Inc. on behalf of herself and all other persons similarly situated. The opinion states that the court was informed that a settlement in principle had been reached among all parties.
Court’s action
The court ordered that the action be discontinued without fees or costs to any party. The discontinuance was without prejudice to restoring the action to the court’s docket if an application to restore it was filed within 45 days of the order. The court warned that an application filed later could be denied solely because it was late.
The court further ordered that, if the parties wanted the court to retain jurisdiction—continuing 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 45-day period. The Clerk of Court was directed to close the case.
Disposition
Judge Ronnie Abrams discontinued the action and directed that the case be closed. The order did not state that the settlement was finally approved or otherwise decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.