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S.D.N.Y.Procedural orderFiled Oct. 20, 2022

Bracey v. Wainstein

Judge
Vyskocil
Docket
1:19-cv-10356
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Bracey v. Wainstein, Judge Vyskocil discontinued the case after a settlement in principle, allowing restoration by November 21, 2022, or dismissal with prejudice.

Who this affects

Chawntane Bracey, Daniel Wainstein, and Jennifer Wainstein; the case was discontinued based on the parties’ settlement in principle, subject to the stated restoration deadline.

What happened

In Bracey v. Wainstein, the defendants told the court that all parties had reached a settlement in principle.

The court discontinued the case without costs to any party and allowed either side to ask to restore it to the court’s calendar by November 21, 2022. If no such request is made by then, the dismissal will be with prejudice. The trial and other deadlines were postponed indefinitely.

Judge Mary Kay Vyskocil issued the dismissal order on October 20, 2022.

The detailed version

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

Case
Bracey v. Wainstein · No. 1:19-cv-10356
Judge
Vyskocil
Date
Oct. 20, 2022

Background

The court received a letter from the defendants stating, on behalf of all parties, that the parties had reached a settlement in principle.

Ruling

The court ordered that the case be discontinued without costs to any party and without prejudice to restoring the case to the court’s calendar if an application to restore it was made by November 21, 2022. If no application was made by that date, the dismissal of the action would be with prejudice. The court also adjourned all other dates and deadlines, including the jury trial scheduled to begin on November 9, 2022, indefinitely.

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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