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S.D.N.Y.Procedural orderFiled Sept. 22, 2022

Conde v. Avila Transportation

Judge
Vyskocil
Docket
1:21-cv-03685
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

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.

Who this affects

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

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

Case
Conde v. Avila Transportation · No. 1:21-cv-03685
Judge
Vyskocil
Date
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.

The authoritative version

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

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