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

Wu v. China Merchants Bank Co., Ltd.

Judge
Denise Cote
Docket
1:22-cv-05442
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Wu v. China Merchants Bank, Judge Cote discontinued the settled case, allowing restoration by January 30, 2023, after which dismissal would be with prejudice.

Who this affects

Plaintiff Minqiang Wu and defendants China Merchants Bank Co., Ltd. and Kang Pan; the action was discontinued after the court was informed that it had settled.

What happened

Wu v. China Merchants Bank Co., Ltd. was reported to have settled, but the order does not describe the underlying claims or settlement terms.

The court discontinued the action without costs to any party and allowed either party to seek restoration to the court’s calendar by January 30, 2023. If no application to restore was made by that date, the dismissal would be with prejudice.

Judge Denise Cote entered the discontinuance order on December 29, 2022. The order did not decide the underlying dispute.

The detailed version

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

Case
Wu v. China Merchants Bank Co., Ltd. · No. 1:22-cv-05442
Judge
Denise Cote
Date
Dec. 29, 2022

Background

The court stated that it had been informed that the case had settled. The opinion does not provide the claims, facts, or terms of the settlement.

Order

Judge Denise Cote ordered that the action be discontinued without costs to any party. The parties could apply to restore the action to the court’s calendar by January 30, 2023. The order stated that if no such application was made by that date, the dismissal of the action would be with prejudice, meaning the action could not be restored through that procedure.

Result

The court discontinued the case based on the reported settlement. It did not rule on the underlying dispute.

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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