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S.D.N.Y.Procedural orderFiled Nov. 1, 2022

Hernandez Juarez v. Bagelworks Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-01436
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Hernandez Juarez v. Bagelworks, Judge Abrams discontinued the settled case without costs and without prejudice to timely restoration.

Who this affects

Thomas Hernandez Juarez, the other proposed members of the similarly situated group, and Bagelworks Inc., Ramsey Hinnawi, Mona Hinnawi, and Miguel Costanzo. The case was closed subject to the order’s 30-day restoration procedure.

What happened

Hernandez Juarez v. Bagelworks Inc. was reported to the court as settled. The opinion does not describe the claims or the settlement terms.

Judge Abrams discontinued the case without costs to any party. The case could be restored to the court’s docket if an application was made within 30 days.

Judge Ronnie Abrams also directed that any request for the court to retain authority to enforce the settlement be placed on the public record and approved by the court within that 30-day period. The Clerk of Court was directed to close the case.

The detailed version

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

Case
Hernandez Juarez v. Bagelworks Inc. · No. 1:22-cv-01436
Judge
Ronnie Abrams
Date
Nov. 1, 2022

Background The court was informed that the case had been settled. The opinion does not state the claims involved or provide 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 docket. Any application to restore or reopen the case had to be filed within 30 days of the order; the court stated that a later application could be denied solely because it was late. The court also stated that, if the parties wanted it to retain jurisdiction—the authority to enforce the settlement—the settlement terms had to be placed on the public record and approved by the court within the same 30-day period.

Disposition The Clerk of Court was directed to close the case. The order did not decide the underlying claims on their merits.

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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