Toro v. The Nordic Shops, Inc.
- Vyskocil
- 1:22-cv-08281
- U.S. District Court · Southern District of New York
- 1
In Toro v. The Nordic Shops, Inc., Judge Vyskocil discontinued the case after a settlement in principle, allowing restoration by February 10, 2023, or dismissal with prejudice.
Luis Toro, the proposed similarly situated parties he sought to represent, and The Nordic Shops, Inc.
What happened
In Toro v. The Nordic Shops, Inc., Luis Toro told the court that the parties had reached a settlement in principle. Toro had sued The Nordic Shops, Inc., individually and on behalf of others similarly situated.
The court discontinued the case without costs to either party. The case could be restored if the parties could not put their settlement in writing, but any request to restore it had to be made by February 10, 2023.
Judge Mary Kay Vyskocil ordered that if no request to restore the case was made by that date, the dismissal would be with prejudice.
The detailed version
- Toro v. The Nordic Shops, Inc. · No. 1:22-cv-08281
- Vyskocil
- Jan. 10, 2023
Background
Luis Toro filed the action individually and on behalf of others similarly situated. He later informed the court that the parties had reached a settlement in principle.
Court’s Action
The court ordered that the action be discontinued without costs to any party. The order allowed the action to be restored to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by February 10, 2023.
The order further stated that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be refiled. The court did not decide the underlying claims or disclose the settlement’s terms.
Ruling
Judge Mary Kay Vyskocil entered the order of dismissal based on the parties’ reported settlement in principle.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.