Hernandez v. Dot's Pretzels, LLC
- Ronnie Abrams
- 1:22-cv-05666
- U.S. District Court · Southern District of New York
- 1
In Hernandez v. Dot’s Pretzels, Judge Abrams discontinued the action without costs or prejudice while the parties finalized a settlement.
Mairoby Hernandez, the people she sought to represent, and Dot’s Pretzels, LLC; the action was closed subject to a possible request to restore it within 30 days.
What happened
Mairoby Hernandez brought Hernandez v. Dot’s Pretzels, LLC individually and for 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 within 30 days. It directed the Clerk of Court to close the case.
Judge Ronnie Abrams also said that any request to reopen filed after 30 days may be denied for that reason alone. If the parties wanted the court to keep authority to enforce a settlement, they had to put the settlement terms on the public record and obtain the court’s approval within the same 30-day period.
The detailed version
- Hernandez v. Dot's Pretzels, LLC · No. 1:22-cv-05666
- Ronnie Abrams
- Aug. 31, 2022
Background
Mairoby Hernandez sued Dot’s Pretzels, LLC individually and on behalf of all others similarly situated. The opinion states that the parties reported they were in the process of finalizing a settlement agreement.
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 the action 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 Clerk of Court was directed to close the case.
Settlement Enforcement
The court stated that, if the parties wanted it to retain jurisdiction—meaning authority—to enforce a settlement agreement, the settlement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The order did not decide the underlying claims or the settlement’s terms.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.