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S.D.N.Y.Procedural orderFiled Jan. 17, 2023

Oliver v. The City Of New York

Judge
Vyskocil
Docket
1:19-cv-02321
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Oliver v. City of New York, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by February 17, 2023.

Who this affects

Darlene Oliver and the defendants in the action, including the City of New York. The action was discontinued based on the parties’ settlement in principle, subject to possible restoration by February 17, 2023.

What happened

In Oliver v. City of New York, Plaintiff Darlene Oliver told the court that the parties had reached a settlement in principle.

The court discontinued the case without costs to any party and without prejudice to restoring it if the parties could not put their settlement in writing. Any request to restore the case had to be made by February 17, 2023.

Judge Vyskocil ordered that if no request to restore the action was made by that date, the dismissal would be with prejudice, meaning the action could not be restored under the order.

The detailed version

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

Case
Oliver v. The City Of New York · No. 1:19-cv-02321
Judge
Vyskocil
Date
Jan. 17, 2023

Background

Plaintiff Darlene Oliver 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.

Court’s Action

The court ordered that the action be discontinued without costs to any party. The order allowed the case to be restored to the court’s calendar if the parties were unable to memorialize, or put into a written document, their settlement. Any application to restore the action had to be made by February 17, 2023.

Disposition

Judge Mary Kay Vyskocil ordered that if no application to restore the action was made by February 17, 2023, the dismissal would be with prejudice. The order was entered on January 17, 2023.

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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