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S.D.N.Y.Procedural orderFiled Nov. 4, 2022

Tavarez v. LiveLeanToday.com

Judge
Ronnie Abrams
Docket
1:21-cv-09770
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

Victoriano Tavarez v. LIVE, LLC ended after a reported settlement in principle; Judge Abrams discontinued the case without costs and allowed timely restoration.

Who this affects

Victorianо Tavarez and the other people he sought to represent, as well as LIVE, LLC. The case was closed after the court was told that the parties had settled in principle, subject to the order’s 30-day restoration and settlement-enforcement provisions.

What happened

In Victoriano Tavarez v. LIVE, LLC, the court was told that the parties had reached a settlement in principle. The opinion does not describe the settlement’s terms or say that the settlement had been finalized.

The court discontinued the case without costs to any party. It allowed either side to seek restoration of the case within 30 days, and directed the Clerk of Court to close the case.

Judge Ronnie Abrams also said that any request for the court to retain authority to enforce a settlement had to place the agreement on the public record and receive 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
Tavarez v. LiveLeanToday.com · No. 1:21-cv-09770
Judge
Ronnie Abrams
Date
Nov. 4, 2022

Background

The court stated that it had been informed that the parties had settled the case in principle. The opinion provides no settlement terms and does not state that the parties had completed a final settlement.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore was made within 30 days. The order stated that any application to reopen filed after that period could be denied solely because it was late.

The court further ordered that, if the parties wanted the court to retain jurisdiction—meaning authority—to enforce a 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 Clerk of Court was directed to close the case.

Disposition

The court entered a procedural order discontinuing the action; it did not decide the underlying claims. Judge Ronnie Abrams signed the order on November 2, 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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