Mejia v. Cleveland Kitchen Co.
- Vyskocil
- 1:22-cv-05217
- U.S. District Court · Southern District of New York
- 1
In Mejia v. Cleveland Kitchen Co., Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by November 7, 2022.
Richard Mejia, Cleveland Kitchen Co., and the putative class members identified in the complaint were affected by the conditional dismissal.
What happened
In Mejia v. Cleveland Kitchen Co., Richard Mejia told the court that the parties had reached a settlement in principle. Mejia had brought the action individually and on behalf of others similarly situated.
The court discontinued the case without costs to either party. The case could be restored if the parties could not put their settlement in writing and an application to restore it was filed by November 7, 2022. If no application was filed by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil entered the order on October 7, 2022.
The detailed version
- Mejia v. Cleveland Kitchen Co. · No. 1:22-cv-05217
- Vyskocil
- Oct. 7, 2022
Background
Richard Mejia sued Cleveland Kitchen Co. individually and on behalf of all others similarly situated. The opinion states that Mejia filed a letter informing the court that the parties had reached a settlement in principle.
Ruling
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar. Restoration was permitted if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by November 7, 2022. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice.
Effect
The order ended the action subject to the stated restoration deadline and condition. The opinion does not describe the settlement’s terms or resolve the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.