Delacruz v. High Point University
- Ronnie Abrams
- 1:22-cv-06525
- U.S. District Court · Southern District of New York
- 1
In Delacruz v. High Point University, Judge Abrams discontinued the settled-in-principle action without prejudice to timely restoration.
Emanuel Delacruz, the persons he sought to represent, and High Point University. The action was closed, subject to a possible application to restore it within 45 days.
What happened
Delacruz v. High Point University involved Emanuel Delacruz, on behalf of himself and others described as similarly situated, against High Point University. The court was told that the case had been settled in principle.
The court discontinued the action without costs to either party. The action could be restored if an application was made within 45 days of the order; the court also closed the case. If the parties wanted the court to keep authority to enforce a settlement, they had to place the settlement terms on the public record and obtain the court’s approval within that same 45-day period.
Judge Ronnie Abrams issued the order on October 17, 2022. The order closed the case and did not decide the underlying claims.
The detailed version
- Delacruz v. High Point University · No. 1:22-cv-06525
- Ronnie Abrams
- Oct. 17, 2022
Background
Emanuel Delacruz brought the action on behalf of himself and all other persons described in the caption as similarly situated. The opinion states that the Court was informed that the case had been settled in principle. It does not provide the settlement’s terms or describe the underlying claims.
Order
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 45 days. It warned that an application 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 it to retain jurisdiction—that is, 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 45-day period.
Disposition
Judge Ronnie Abrams discontinued the action under those conditions. The order addressed closing and potentially restoring the case; it did not rule on the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.