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S.D.N.Y.Procedural orderFiled Oct. 24, 2022

Volman v. Eldridge Bistro LLC

Judge
Ronnie Abrams
Docket
1:22-cv-03201
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Volman v. Eldridge Bistro, Judge Ronnie Abrams discontinued the settled case without costs, allowing possible restoration within 30 days.

Who this affects

Josef Volman and defendants Eldridge Bistro LLC d/b/a The Wayland and 9C Realty Associates L.P.; the case was closed following the reported settlement, subject to the stated 30-day restoration and settlement-enforcement conditions.

What happened

In Volman v. Eldridge Bistro LLC d/b/a The Wayland, and 9C Realty Associates L.P., the court was informed that the parties had settled the case.

The court ordered the action discontinued without costs to any party and without prejudice to restoring it to the docket if an application was made within 30 days. The clerk was directed to close the case.

Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to place the settlement terms on the public record and obtain the court’s approval within the same 30-day period.

The detailed version

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

Case
Volman v. Eldridge Bistro LLC · No. 1:22-cv-03201
Judge
Ronnie Abrams
Date
Oct. 24, 2022

Background

The court stated that it had been informed that the case had settled. The order does not describe the parties’ underlying claims or the terms of the settlement.

Disposition

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 30 days. It warned that an application filed after that period might be denied solely because it was late. The clerk was directed to close the case.

The court also stated that, if the parties wanted the court to retain 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 30-day period.

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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