Hernandez v. The Spice Lab
- Ronnie Abrams
- 1:22-cv-05036
- U.S. District Court · Southern District of New York
- 1
In Hernandez v. The Spice Lab, Judge Abrams discontinued the action without costs or prejudice while the parties finalized a settlement.
Mairoby Hernandez, The Spice Lab, and the proposed group of similarly situated individuals identified in the caption were affected because the action was discontinued and the case was closed, subject to the court’s 30-day conditions.
What happened
Mairoby Hernandez sued The Spice Lab individually and on behalf of others similarly situated. The opinion says the parties were finalizing a settlement agreement.
The court discontinued the action without costs to either party and without prejudice to restoring it to the court’s docket. A request to restore or reopen the action had to be filed within 30 days of the order.
Judge Ronnie Abrams also said that any request for the court to retain authority to enforce a settlement had to place the agreement on the public record and receive the court’s approval within the same 30-day period. The clerk was directed to close the case.
The detailed version
- Hernandez v. The Spice Lab · No. 1:22-cv-05036
- Ronnie Abrams
- Aug. 19, 2022
Background
Mairoby Hernandez brought the action individually and on behalf of all others similarly situated against The Spice Lab. The court reported that the parties were in the process of finalizing a settlement agreement.
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 was made within 30 days. The court stated that an application to reopen filed after that period could be denied solely because it was late.
The court also 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. The clerk was directed to close the case.
Effect
The order did not decide the underlying claims or disclose the terms of any settlement. The action was closed subject to the stated 30-day restoration and settlement-enforcement conditions. Judge Ronnie Abrams issued the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.