Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Sept. 20, 2022

Davis v. Flaviar, Inc.

Judge
Denise Cote
Docket
1:22-cv-03783
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Davis v. Flaviar, Judge Cote discontinued the settled case without costs, allowing restoration by October 20, 2022, after which dismissal would be with prejudice.

Who this affects

Harold Davis and Flaviar, Inc.; the case was discontinued without costs, with restoration available by October 20, 2022, and dismissal with prejudice if no restoration application was made by then.

What happened

Davis v. Flaviar, Inc. was reported to the court as settled. The opinion does not describe the settlement’s terms or the underlying claims.

Judge Cote discontinued the case without costs to either party. The case could be restored to the court’s calendar if an application was made by October 20, 2022.

Judge Denise Cote ordered that if no application to restore the case was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Davis v. Flaviar, Inc. · No. 1:22-cv-03783
Judge
Denise Cote
Date
Sept. 20, 2022

Background

The court was informed that Harold Davis’s action against Flaviar, Inc. had been settled. The order does not provide the settlement terms or explain the underlying claims.

Court’s Action

Judge Denise Cote ordered that the action be discontinued without costs to any party. The order allowed either party to apply to restore the action to the court’s calendar by October 20, 2022. If no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be restored through that procedure.

Disposition

The action was discontinued based on the reported settlement, subject to the stated restoration deadline. The order did not decide the underlying claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.