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

Chanel, Inc. v. Shiver and Duke LLC

Judge
Vyskocil
Docket
1:21-cv-01277
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Chanel, Inc. v. Shiver and Duke LLC, Judge Vyskocil discontinued the settled case, allowing restoration by December 14, 2022, or dismissal with prejudice.

Who this affects

Chanel, Inc., Shiver and Duke LLC, Edith Anne Hunt, and John Does 1-10.

What happened

Chanel, Inc. sued Shiver and Duke LLC, Edith Anne Hunt, and John Does 1-10. The parties reached a settlement in principle.

The court discontinued the action without costs to any party. The order allowed the case to be restored if the parties could not put their settlement in writing, but the request had to be made by December 14, 2022.

Judge Mary Kay Vyskocil ordered that, if no request to restore the case was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Chanel, Inc. v. Shiver and Duke LLC · No. 1:21-cv-01277
Judge
Vyskocil
Date
Nov. 14, 2022

Background

Chanel, Inc. brought this action against Shiver and Duke LLC, Edith Anne Hunt, and John Does 1-10. The opinion states that the parties reached a settlement in principle.

Ruling

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 if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by December 14, 2022. If no such application was made by that date, the dismissal would be with prejudice.

Effect

The case was conditionally dismissed based on the parties’ settlement. The order did not decide the underlying claims. It allowed restoration by the stated deadline if the settlement was not put in writing; otherwise, the dismissal would become final as specified in the order.

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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