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S.D.N.Y.Procedural orderFiled Oct. 17, 2022

Genao v. City of New York

Judge
Vyskocil
Docket
1:20-cv-04872
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Genao v. City of New York, Judge Vyskocil discontinued the case after a settlement in principle, subject to restoration by November 17, 2022.

Who this affects

Gabino Genao and the defendants, including the City of New York, because their action was discontinued subject to the settlement-related restoration condition.

What happened

In Genao v. City of New York, the defendants told the court that the parties had reached a settlement in principle.

The court discontinued the action without costs to any 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 17, 2022.

Judge Mary Kay Vyskocil ordered that if no restoration application was filed by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Genao v. City of New York · No. 1:20-cv-04872
Judge
Vyskocil
Date
Oct. 17, 2022

Background The defendants 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 if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by November 17, 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 based on the reported settlement in principle, while preserving a limited opportunity to restore the case by the stated deadline. Judge Mary Kay Vyskocil signed the order on October 17, 2022.

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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