Calixto v. Prime Square Restaurant Corp.
- Barbara Moses
- 1:22-cv-02610
- U.S. District Court · Southern District of New York
- 1
In Calixto v. Prime Square Restaurant Corp., Magistrate Judge Moses ordered confirmation whether Jorge Gregorio’s proposed dismissal involved benefits requiring court review.
The parties to the case, particularly plaintiff Jorge Gregorio, whose claims were proposed for dismissal.
What happened
In Calixto v. Prime Square Restaurant Corp., the parties proposed dismissing plaintiff Jorge Gregorio’s claims. The complaint identified Gregorio as Jorge Rodriguez.
The court ordered the parties to file a joint letter by November 1, 2022, confirming whether Gregorio’s proposed dismissal was part of a settlement requiring court review. They must specifically confirm that no defendant offered payment, a promise, or another benefit to secure the dismissal.
Magistrate Judge Barbara Moses issued the order on October 25, 2022, after the reasons for it were discussed during an October 24 settlement conference.
The detailed version
- Calixto v. Prime Square Restaurant Corp. · No. 1:22-cv-02610
- Barbara Moses
- Oct. 25, 2022
Background
The opinion concerns a proposed Stipulation of Voluntary Dismissal for plaintiff Jorge Gregorio. The complaint identified that plaintiff as Jorge Rodriguez. The order does not state that the court approved or entered the dismissal.
Court’s Order
After the October 24, 2022 settlement conference, the court ordered the parties to file a joint letter no later than November 1, 2022. The letter must confirm whether Gregorio’s proposed dismissal was part of a settlement that would require review by the court. The parties must specifically confirm that the dismissal was not secured through any payment, promise, or other benefit offered by a defendant. The order cites Samake v. Thunder Lube, Inc., 24 F.4th 804, 811 (2d Cir. 2022).
Disposition and Effect
The court ordered the joint confirmation described above. The opinion does not state that the court dismissed Gregorio’s claims or otherwise resolved the parties’ underlying claims. The order directly affects the parties and specifically concerns the proposed dismissal of Gregorio’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.