Miller v. Gravetime, Inc.
- Ronnie Abrams
- 1:22-cv-07429
- U.S. District Court · Southern District of New York
- 1
In Miller v. Gravetime, Inc., Judge Abrams discontinued the settled case without costs and without prejudice to timely restoration.
Kimberly Miller, Gravetime, Inc., and the putative class described in the complaint were affected by the discontinuance and the 30-day deadline for seeking restoration or court retention of settlement-enforcement authority.
What happened
Miller v. Gravetime, Inc. was reported to the court as settled. Kimberly Miller brought the case on behalf of herself and others similarly situated against Gravetime, Inc.
The court discontinued the action without costs to either party and allowed an application to restore it if filed within 30 days. The clerk was directed to close the case. The order did not describe the settlement’s terms.
Judge Ronnie Abrams also stated that the court could retain authority to enforce the settlement only if its terms were placed on the public record and approved by the court within the same 30-day period.
The detailed version
- Miller v. Gravetime, Inc. · No. 1:22-cv-07429
- Ronnie Abrams
- Oct. 3, 2022
Background
Kimberly Miller sued Gravetime, Inc. on behalf of herself and all others similarly situated. The opinion states that the court was informed that the case had been settled, but it does not provide the settlement’s terms or say whether the court approved any class settlement.
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. It also stated that an application to reopen filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.
The court further stated that, if the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce the settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The order did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.