Weekes v. Uncommon James, LLC
- Vyskocil
- 1:22-cv-00938
- U.S. District Court · Southern District of New York
- 1
In Weekes v. Uncommon James, Judge Vyskocil discontinued the action after a settlement in principle and denied the transfer motion as moot.
Robert Weekes and Uncommon James, LLC were affected. The action was discontinued subject to the stated October 1, 2022 restoration condition, and the defendant’s motion to transfer was denied as moot.
What happened
In Weekes v. Uncommon James, LLC, the plaintiff told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party and without prejudice to restoring it if the parties could not put their settlement in writing. Any request to restore the case had to be made by October 1, 2022; otherwise, the dismissal would be with prejudice. The court also denied the defendant’s motion to transfer the case to the Middle District of Tennessee as moot.
Judge Mary Kay Vyskocil issued the order on September 1, 2022.
The detailed version
- Weekes v. Uncommon James, LLC · No. 1:22-cv-00938
- Vyskocil
- Sept. 1, 2022
Background
The plaintiff filed a letter informing the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms. The defendant had also moved to transfer the action to the Middle District of Tennessee under 28 U.S.C. § 1404(a), a statute concerning transfer of a case to another federal district.
Ruling
The court ordered that the action be discontinued without costs to either party and without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing. The order required any application to restore the action to be made by October 1, 2022. It stated that if no such application was made by that date, the dismissal would be with prejudice. The court also denied the defendant’s motion to transfer as moot, meaning the settlement-related dismissal made a transfer ruling unnecessary.
Judge
Mary Kay Vyskocil, United States District Judge, signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.