Tucker v. Riteway Marine Solutions, Inc.
- Ronnie Abrams
- 1:22-cv-04337
- U.S. District Court · Southern District of New York
- 1
In Tucker v. Riteway Marine Solutions, Inc., Judge Abrams ordered discontinuation after settlement in principle, allowing restoration applications within 30 days.
The plaintiffs and Riteway Marine Solutions, Inc.; the action was discontinued and the case was closed, subject to a possible application to restore it within 30 days.
What happened
Tucker v. Riteway Marine Solutions, Inc. involved Henry Tucker and other similarly situated persons suing Riteway Marine Solutions, Inc. The opinion says the Court was informed that the case had been settled in principle.
The Court ordered the action discontinued without costs to any party and without prejudice to restoring it to the Court’s docket if an application was made within 30 days. The opinion does not state the settlement’s terms.
Judge Ronnie Abrams also directed that any request for the Court to retain authority to enforce the settlement must place its terms on the public record and obtain the Court’s approval within the same 30-day period. The Clerk was directed to close the case.
The detailed version
- Tucker v. Riteway Marine Solutions, Inc. · No. 1:22-cv-04337
- Ronnie Abrams
- Dec. 7, 2022
Background
The opinion states that the Court was informed that the action had been settled in principle. The caption identifies Henry Tucker and persons similarly situated as plaintiffs and Riteway Marine Solutions, Inc. as the defendant. The opinion does not provide the settlement terms or describe the underlying claims.
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 also stated that an application to reopen filed after that period may be denied solely because it was filed late. The Clerk of Court was directed to close the case.
If the parties wanted the Court to retain jurisdiction to enforce a settlement agreement, the Court required the agreement’s terms to be placed on the public record and approved by the Court within the same 30-day period. The order cites Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.