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S.D.N.Y.Procedural orderFiled Nov. 10, 2022

Velazquez v. CoolStuffInc.com, LLC

Judge
Ronnie Abrams
Docket
1:22-cv-07564
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Velazquz v. CoolStuffInc.com, LLC, Judge Abrams discontinued the case after settlement, allowing restoration within 30 days.

Who this affects

Bryan Velazquz, CoolStuffInc.com, LLC, and the proposed similarly situated plaintiffs were affected by the case’s discontinuance and 30-day restoration deadline.

What happened

Bryan Velazquz brought Velazquz v. CoolStuffInc.com, LLC on behalf of himself and others similarly situated. The court was informed that the case had settled, but the order does not describe the settlement’s terms.

Judge Abrams discontinued the action without costs to any party and without prejudice to restoring it to the court’s docket if an application was made within 30 days. The court also said any request to keep jurisdiction to enforce the settlement had to place the settlement terms on the public record and obtain the court’s approval within that period. The Clerk was directed to close the case.

United States District Judge Ronnie Abrams issued the order on November 10, 2022.

The detailed version

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

Case
Velazquez v. CoolStuffInc.com, LLC · No. 1:22-cv-07564
Judge
Ronnie Abrams
Date
Nov. 10, 2022

Background

Bryan Velazquz sued CoolStuffInc.com, LLC on behalf of himself and all others similarly situated. The opinion states that the court was informed the case had settled. It does not provide the settlement’s terms or describe the claims.

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 docket if an application to restore it was made within 30 days. The court stated that any application to reopen filed after that period may be denied solely because it was late.

The court also stated that, if the parties wanted the court to retain jurisdiction 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.

Result

Judge Ronnie Abrams entered the discontinuance order on November 10, 2022. The order did not rule on the underlying claims or disclose the settlement terms.

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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