Delacruz v. Trustees of Boston College
- Vyskocil
- 1:22-cv-06521
- U.S. District Court · Southern District of New York
- 1
In Delacruz v. Trustees of Boston College, Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by December 7, 2022.
Emanuel Delacruz, the similarly situated persons he sought to represent, and Trustees of Boston College. The action was discontinued under the conditions stated in the order.
What happened
In Delacruz v. Trustees of Boston College, Emanuel Delacruz told the court that the parties had reached a settlement in principle. He had brought the action on behalf of himself and other similarly situated people.
The court discontinued the action without costs to either party. The case could be restored if the parties could not put their settlement in writing and an application to restore it was filed by December 7, 2022.
Judge Mary Kay Vyskocil ordered that, if no restoration application was filed by that date, the dismissal would be with prejudice, meaning the action could not be restored under that order.
The detailed version
- Delacruz v. Trustees of Boston College · No. 1:22-cv-06521
- Vyskocil
- Nov. 7, 2022
Background
Emanuel Delacruz filed the action on behalf of himself and all other persons similarly situated against Trustees of Boston College. The opinion states that Delacruz sent the court a letter reporting that the parties had reached a settlement in principle. It does not describe the claims or the settlement terms.
Court’s Action
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar. Restoration was permitted if the parties were unable to memorialize their settlement in writing, but the application to restore the action had to be made by December 7, 2022.
The order further states that, if no application to restore the action was made by that date, the dismissal would be with prejudice. The court did not decide the underlying claims.
Ruling
Judge Mary Kay Vyskocil entered the order of dismissal on November 7, 2022. The disposition was based on the reported settlement in principle, not on a decision about the merits of the parties’ dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.