Davis v. Kyte Systems Inc.
- Ronnie Abrams
- 1:22-cv-04871
- U.S. District Court · Southern District of New York
- 1
In Davis v. Kyte Systems Inc., Judge Abrams discontinued the settled case without costs and without prejudice to timely restoration.
Kevin Davis, Kyte Systems Inc., and the other similarly situated people identified in the caption were affected by the discontinuance and 30-day restoration conditions.
What happened
Davis v. Kyte Systems Inc. was reported settled. The opinion does not describe the claims or settlement terms.
The court discontinued the action without costs to either party and allowed a request to restore it to the docket if filed within 30 days. The court also stated that any later request to reopen could be denied solely because it was late.
Judge Ronnie Abrams directed that the case be closed. The court did not retain authority to enforce the settlement unless its terms were placed on the public record and approved by the court within the same 30-day period.
The detailed version
- Davis v. Kyte Systems Inc. · No. 1:22-cv-04871
- Ronnie Abrams
- Aug. 25, 2022
Background
The court was informed that the case had been settled. The opinion does not provide the claims, the settlement terms, or any ruling on the merits.
Court’s 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 was made within 30 days. It stated that an application filed after that period could be denied solely because it was late.
The court further stated that, if the parties wanted the court to retain authority to enforce the 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.
Disposition
Judge Ronnie Abrams discontinued the action and directed the clerk to close the case, subject to the stated 30-day restoration and settlement-enforcement conditions.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.