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S.D.N.Y.Procedural orderFiled Nov. 14, 2022

Loadholt v. The Golden Bear, Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-07421
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Loadholt v. The Golden Bear, Inc., Judge Abrams discontinued the settled action without costs and without prejudice to timely restoration.

Who this affects

The parties to the action. The order also refers to people described as similarly situated to Christopher Loadholt, but it does not explain how the settlement affects them.

What happened

Loadholt v. The Golden Bear, Inc. was reported to the court as settled. The opinion does not describe the settlement’s terms.

The court discontinued the case without costs to either party and without prejudice to restoring it if an application was made within 60 days. It directed the Clerk of Court to close the case.

Judge Abrams also stated that any request for the court to retain authority to enforce the settlement had to place the settlement terms on the public record and obtain the court’s approval within 30 days.

The detailed version

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

Case
Loadholt v. The Golden Bear, Inc. · No. 1:22-cv-07421
Judge
Ronnie Abrams
Date
Nov. 14, 2022

Background

Christopher Loadholt brought the action on behalf of himself and others described as similarly situated. The court was informed that the case had been settled. The order does not state the settlement’s terms or describe any ruling on the underlying 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 60 days. It stated that an application filed after that deadline could be denied solely because it was late. The Clerk of Court was directed to close the case.

Settlement Enforcement

The court stated that, if the parties wanted it to retain authority to enforce the settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the stated 30-day period. The order cited Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015).

Disposition

Judge Ronnie Abrams discontinued the action without costs and without prejudice to timely restoration, and directed that the case be closed. The order did not decide the merits of the claims.

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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