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S.D.N.Y.Procedural orderFiled Nov. 28, 2022

Fontanez v. Cat-Man-Doo Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-05454
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Fontanez v. Cat-Man-Doo, Judge Abrams discontinued the settled case without costs and allowed restoration within 30 days.

Who this affects

Ramon Fontanez, the people he sought to represent, and Cat-Man-Doo Inc.; the action was closed subject to the stated 30-day restoration procedure.

What happened

In Fontanez v. Cat-Man-Doo Inc., the court was told that the parties had settled the case brought by Ramon Fontanez on behalf of similarly situated people.

The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The Clerk of Court was directed to close the case.

Judge Ronnie Abrams also stated that any settlement-enforcement request had to be placed on the public record and approved by the court within the same 30-day period. The order did not decide the underlying claims.

The detailed version

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

Case
Fontanez v. Cat-Man-Doo Inc. · No. 1:22-cv-05454
Judge
Ronnie Abrams
Date
Nov. 28, 2022

Background

Ramon Fontanez brought the action individually and on behalf of all others similarly situated against Cat-Man-Doo Inc. The court stated that it had been informed that the case had settled.

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. It stated that an application to reopen filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

The court also stated that, if the parties wanted it 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.

Result

The order discontinued the case following the reported settlement and did not resolve the underlying claims. The opinion does not state the settlement’s 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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