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S.D.N.Y.Procedural orderFiled Nov. 29, 2022

McInnis USA Inc. v. AggreCem Mechanical, LLC

Judge
Vyskocil
Docket
1:21-cv-01253
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In McInnis USA Inc. v. AggreCem Mechanical, Judge Vyskocil discontinued the case after settlement, allowing restoration by January 12, 2023.

Who this affects

McInnis USA Inc. and AggreCem Mechanical, LLC; the action was discontinued subject to the possibility of restoration by January 12, 2023, and would otherwise be dismissed with prejudice.

What happened

McInnis USA Inc. v. AggreCem Mechanical, LLC was discontinued after McInnis told the court that the parties had reached a settlement in principle.

The court imposed no costs on either party and allowed the case to be restored if the parties could not put their settlement in writing and requested restoration by January 12, 2023. If no request was made by that date, the dismissal would become with prejudice.

Judge Mary Kay Vyskocil issued the order on November 29, 2022.

The detailed version

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

Case
McInnis USA Inc. v. AggreCem Mechanical, LLC · No. 1:21-cv-01253
Judge
Vyskocil
Date
Nov. 29, 2022

Background

McInnis USA Inc. 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.

Ruling

The court ordered that the action be discontinued without costs to either party and without prejudice to restoring the action to the court’s calendar. Restoration was permitted if the parties were unable to memorialize their settlement in writing and filed an application to restore the action by January 12, 2023. If no such application was filed by that date, the dismissal would be with prejudice.

Effect

The order ended the action subject to the stated restoration deadline and condition. It did not decide the underlying claims. The court entered the order on November 29, 2022.

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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