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S.D.N.Y.Procedural orderFiled Aug. 26, 2022

Jimenez v. Ellevet Sciences LLC

Judge
Ronnie Abrams
Docket
1:22-cv-05386
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Jimenez v. Ellevet Sciences, Judge Abrams discontinued the action without costs or prejudice while parties finalized a settlement, allowing restoration within 30 days.

Who this affects

Vanessa Jimenez, Ellevet Sciences LLC, and the people Jimenez sought to represent; the action was closed subject to a possible restoration application within 30 days.

What happened

Jimenez v. Ellevet Sciences LLC involved Vanessa Jimenez’s lawsuit against Ellevet Sciences LLC, brought individually and on behalf of others similarly situated. The court was told that 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 within 30 days. The court directed the Clerk of Court to close the case.

Judge Ronnie Abrams also said that any request to reopen filed after 30 days could be denied solely because it was late. If the parties wanted the court to retain authority to enforce a settlement, they had to place the settlement terms on the public record and obtain the court’s approval within that same period.

The detailed version

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

Case
Jimenez v. Ellevet Sciences LLC · No. 1:22-cv-05386
Judge
Ronnie Abrams
Date
Aug. 26, 2022

Background

The court was informed that the parties were in the process of finalizing a settlement agreement. The opinion does not describe the claims, the proposed settlement terms, or the parties’ underlying dispute.

Order

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. Any application to reopen had to be filed within 30 days of the order; an application filed later could be denied solely because it was late. The Clerk of Court was directed to close the case.

The court further stated that, if the parties wanted it to retain jurisdiction—meaning authority to enforce the settlement—the settlement terms had to be placed on the public record and approved by the court within the same 30-day period.

Disposition and Classification

Judge Ronnie Abrams entered a procedural order discontinuing the action. The order did not decide the underlying claims or approve the settlement terms described in the opinion.

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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