Doncouse v. Afran Management Co. LLC
- Vyskocil
- 1:22-cv-07542
- U.S. District Court · Southern District of New York
- 1
Doncouse v. Afran Management Co. LLC: Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by December 29, 2022.
Graciela Doncouse, Afran Management Co. LLC doing business as Manousheh, and Celestial Seven, LLC were affected by the discontinuance and the deadline for seeking restoration.
What happened
In Doncouse v. Afran Management Co. LLC, Defendant Celestial Seven, LLC told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to any party. It allowed either side to seek restoration of the case if the parties could not put their settlement in writing, but the request had to be made by December 29, 2022; otherwise, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the order on November 29, 2022. The order did not decide the underlying claims.
The detailed version
- Doncouse v. Afran Management Co. LLC · No. 1:22-cv-07542
- Vyskocil
- Nov. 29, 2022
Background
Defendant Celestial Seven, LLC filed a letter informing the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
Order
The court ordered that the action be discontinued without costs to any party. The court allowed the action to be restored to its calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by December 29, 2022. If no such application was made by that date, the dismissal would be with prejudice.
Effect and classification
The order resolved the case based on the reported settlement process rather than deciding the underlying dispute. The court did not award damages or other relief in the order. Judge Mary Kay Vyskocil signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.