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S.D.N.Y.Procedural orderFiled Oct. 19, 2022

Johnson v. The City of New York

Judge
Vyskocil
Docket
1:22-cv-04347
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Johnson v. The City of New York, Judge Vyskocil discontinued the settled case, allowing restoration by November 19, 2022, or dismissal would become with prejudice.

Who this affects

Kymani Johnson and The City of New York, Police Officer Kandice Hall, Police Officer Benito Cruz, Police Officer Jane Doe, and Police Officers John Roe #1-3.

What happened

In Johnson v. The City of New York, the court was informed that the parties had reached an agreement on all issues after mediation.

The court discontinued the case without costs to any party. It allowed either side to ask to restore the case if the parties could not put their settlement in writing, but the request had to be made by November 19, 2022.

Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the case could not be brought back.

The detailed version

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

Case
Johnson v. The City of New York · No. 1:22-cv-04347
Judge
Vyskocil
Date
Oct. 19, 2022

Background

The opinion states that mediation was held and that the parties reached an agreement on all issues. The opinion does not describe the underlying claims or the settlement’s terms.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it 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 19, 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 parties’ reported agreement, subject to the stated deadline and condition. Judge Mary Kay Vyskocil signed the order on October 19, 2022.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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