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S.D.N.Y.Procedural orderFiled Oct. 13, 2022

Berry v. Mediacom Communications Corporation

Judge
Vyskocil
Docket
1:22-cv-05183
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Berry v. Mediacom, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by November 14, 2022, if needed.

Who this affects

Elizabeth Berry and Mediacom Communications Corp.; the action was discontinued without costs, subject to possible restoration by November 14, 2022, and otherwise dismissal with prejudice.

What happened

In Berry v. Mediacom Communications Corporation, Mediacom told the court that the parties had reached a settlement in principle.

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 was made by November 14, 2022.

If no application was made by that date, the dismissal would be with prejudice. Judge Mary Kay Vyskocil issued the order on October 13, 2022.

The detailed version

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

Case
Berry v. Mediacom Communications Corporation · No. 1:22-cv-05183
Judge
Vyskocil
Date
Oct. 13, 2022

Background

The court received a letter from Mediacom Communications Corp. stating that Elizabeth Berry and Mediacom had reached a settlement in principle.

Ruling

The court ordered that the action be discontinued without costs to any party. The order allowed either party to seek restoration of the action to the court’s calendar if the parties were unable to memorialize their settlement in writing, but the application had to be made by November 14, 2022. If no application was made by that date, the court stated that the dismissal would be with prejudice, meaning the action could not be restored.

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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