Conde v. Avila Transportation
- Vyskocil
- 1:21-cv-03685
- U.S. District Court · Southern District of New York
- 1
In Conde v. Avila Transportation, Judge Vyskocil discontinued the settled case without costs, allowing restoration by October 24, 2022, otherwise dismissal would be with prejudice.
The plaintiff and both defendants were affected: the settled case was discontinued, with a limited opportunity to seek restoration by October 24, 2022, after which the dismissal would be with prejudice.
What happened
Aichatou Conde sued Avila Transportation LLC and Edisson Patricio Fajardo Pulla. The court received a letter from the defendants stating that the parties had reached a settlement agreement.
The opinion does not describe the settlement’s terms or explain the underlying claims. It states only that the parties settled the case.
Judge Mary Kay Vyskocil discontinued the case without costs to any party and without prejudice to restoring it to the court’s calendar if an application was made by October 24, 2022. If no application was made by that date, the dismissal would be with prejudice. Other dates and deadlines were adjourned indefinitely.
The detailed version
- Conde v. Avila Transportation · No. 1:21-cv-03685
- Vyskocil
- Sept. 22, 2022
Background
The court received a letter from the defendants stating that the parties had reached a settlement agreement. The opinion does not provide the settlement’s terms or identify the claims asserted in the case.
Ruling
Judge Mary Kay Vyskocil ordered that the case be discontinued without costs to any party. The order allowed either side to seek restoration of the case to the court’s calendar by October 24, 2022. The discontinuance was without prejudice to such restoration during that period. If no application to restore the case was made by that date, the dismissal would be with prejudice. The court also adjourned all other dates and deadlines, including a September 23, 2022 conference, indefinitely.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.