Volman v. 64th & 3rd Enterprises LLC
- Vyskocil
- 1:21-cv-10705
- U.S. District Court · Southern District of New York
- 1
In Volman v. 64th & 3rd Enterprises, Judge Vyskocil discontinued the case after a settlement in principle, subject to restoration by November 14, 2022.
Josef Volman and the two defendants were affected: the case was discontinued without costs, with a temporary opportunity to seek restoration by November 14, 2022, after which the dismissal would be with prejudice if no application was made.
What happened
In Volman v. 64th & 3rd Enterprises LLC, the plaintiff told the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or settlement terms.
The court discontinued the case without imposing costs on any party. It allowed either party to seek restoration of the case to the court’s calendar by November 14, 2022.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice. All other dates and deadlines were postponed without a new date.
The detailed version
- Volman v. 64th & 3rd Enterprises LLC · No. 1:21-cv-10705
- Vyskocil
- Oct. 14, 2022
Background
The case was brought by Josef Volman against 64th & 3rd Enterprises LLC, doing business as Tony’s Di Napoli, and 64th Street - Third Avenue Associates, LLC. The court received a letter from Volman stating that the parties had reached a settlement in principle. The opinion does not state the underlying claims or the terms of the proposed settlement.
Court’s Order
The court ordered that the case be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar. An application to restore the case had to be made by November 14, 2022. If no such application was made by that date, the dismissal of the action would be with prejudice. The court also adjourned all other dates and deadlines without setting new dates.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.