Cromitie v. Big Island Candies, Inc.
- Ronnie Abrams
- 1:22-cv-08872
- U.S. District Court · Southern District of New York
- 1
In Cromitie v. Big Island Candies, Judge Abrams discontinued the settled case without costs and without prejudice to timely restoration.
Seana Cromitie and the putative class members, Big Island Candies, Inc., and the parties to the reported settlement.
What happened
In Cromitie v. Big Island Candies, Inc., the court was informed that the parties had settled the case brought by Seana Cromitie on behalf of herself and others similarly situated.
The court discontinued the action without costs to either party and without prejudice to restoring it to the court’s docket within 60 days. The court directed the Clerk of Court to close the case.
Judge Ronnie Abrams also stated that any request to reopen filed after 60 days could be denied solely because it was late. The court would retain jurisdiction to enforce the settlement only if the settlement terms were placed on the public record and approved by the court within the stated 30-day period.
The detailed version
- Cromitie v. Big Island Candies, Inc. · No. 1:22-cv-08872
- Ronnie Abrams
- Nov. 17, 2022
Background
The court stated that it had been informed that the case had settled. The opinion does not describe the claims, the settlement terms, or whether the court approved the settlement.
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 docket if an application to restore it was made within 60 days. It directed the Clerk of Court to close the case. The court stated that an application to reopen filed after 60 days could be denied solely on that basis.
The court further stated that, if the parties wanted the court to retain jurisdiction to enforce the 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 opinion cites Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015).
Effect
The order ended the case on the court’s docket based on the reported settlement, while allowing a timely request to restore it. The opinion does not decide the underlying claims or state the settlement’s terms. Judge Ronnie Abrams signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.