Doncouse v. Vape N Smoke Inc
- Ronnie Abrams
- 1:22-cv-04005
- U.S. District Court · Southern District of New York
- 1
In Doncouse v. Vape N Smoke, Judge Abrams discontinued the settled-in-principle case without prejudice to timely restoration.
Graciela Doncouse and defendants Vape N Smoke Inc. and 269 Associates, LLC; the case was closed subject to a timely application to restore it.
What happened
In Doncouse v. Vape N Smoke Inc. and 269 Associates, LLC, the court was told that the case had been settled in principle.
The court discontinued the action without costs to any party and allowed an application to restore the case if filed within 30 days. The court also said any request to keep jurisdiction to enforce a settlement had to be placed on the public record and approved by the court within that period.
Judge Ronnie Abrams directed the Clerk of Court to close the case. The order did not decide the underlying claims.
The detailed version
- Doncouse v. Vape N Smoke Inc · No. 1:22-cv-04005
- Ronnie Abrams
- Oct. 18, 2022
Background
The court was informed that the parties had settled the case in principle. The opinion does not provide the settlement's terms or state that a final settlement agreement had been approved.
Court’s Action
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court's docket if an application to restore was made within 30 days. The court stated that an application to reopen filed after that deadline could be denied solely because it was late.
The court also stated that, if the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the agreement's terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.
Disposition
Judge Ronnie Abrams discontinued the action under those conditions. The order did not reach the merits of the parties' underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.