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S.D.N.Y.Procedural orderFiled Aug. 18, 2022

Miller v. Galison Publishing LLC

Judge
Ronnie Abrams
Docket
1:22-cv-00660
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Miller v. Galison Publishing LLC, Judge Abrams discontinued the action without costs after a reported settlement, allowing restoration within 45 days.

Who this affects

Kimberly Miller, the similarly situated people she represents, and Galison Publishing LLC.

What happened

Miller v. Galison Publishing LLC was brought by Kimberly Miller on behalf of herself and other similarly situated people against Galison Publishing LLC. The court was told that the parties had reached a settlement in principle.

The court discontinued the action without costs to either party. The order allowed either side to ask to restore the case within 45 days, and directed the Clerk of Court to close the case.

Judge Ronnie Abrams also stated that any settlement-enforcement jurisdiction would require the agreement’s terms to be made public and approved by the court within the same 45-day period.

The detailed version

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

Case
Miller v. Galison Publishing LLC · No. 1:22-cv-00660
Judge
Ronnie Abrams
Date
Aug. 18, 2022

Background

Kimberly Miller brought this action on behalf of herself and other similarly situated people against Galison Publishing LLC. The court reported that the parties had reached a settlement in principle. The order does not describe the settlement’s terms or state that the court approved the settlement.

Court’s Action

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 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.

The court also stated that, 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.

Disposition

Judge Ronnie Abrams entered the discontinuance order and closed the case, subject to the stated 45-day restoration procedure.

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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