Ruiz Florez v. 131 First Ave LLC
- Ronnie Abrams
- 1:21-cv-09550
- U.S. District Court · Southern District of New York
- 1
Carlos Ruiz Flores v. 131 First Ave LLC: Judge Abrams discontinued the settled action without costs, allowing restoration within 30 days.
Carlos Ruiz Flores, 131 First Ave LLC, and Brooklyn Dumpling Shop LLC; the case was closed after the reported settlement, subject to the stated 30-day restoration and settlement-enforcement conditions.
What happened
In Carlos Ruiz Flores v. 131 First Ave LLC, the court was told that the parties had settled all issues.
The court discontinued the case without costs to any party and without prejudice to restoring it if an application was made within 30 days. The clerk was directed to close the case.
Judge Ronnie Abrams also stated that any request to reopen filed after 30 days could be denied on that basis, and that any request for the court to retain authority to enforce the settlement had to place the settlement terms on the public record and obtain the court’s approval within 30 days.
The detailed version
- Ruiz Florez v. 131 First Ave LLC · No. 1:21-cv-09550
- Ronnie Abrams
- Sept. 14, 2022
Background
The court stated that it had been informed that Carlos Ruiz Flores and 131 First Ave LLC and Brooklyn Dumpling Shop LLC had reached a settlement on all issues. The order does not describe the settlement’s terms or resolve the underlying claims.
Court’s Action
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 it was made within 30 days. The court also stated that any application to reopen filed after that 30-day period could be denied solely because it was late. The clerk was directed to close the case.
If the parties wanted the court to retain jurisdiction—the authority to enforce the settlement agreement—the settlement terms had to be placed on the public record and approved by the court within the same 30-day period. The order cited Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.