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S.D.N.Y.Procedural orderFiled Jan. 26, 2023

Brown v. Jones and Viator, Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-10165
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Brown v. Jones and Viator, Judge Abrams discontinued the settled-in-principle case without prejudice to timely restoration.

Who this affects

Lamar Brown, the individuals he sought to represent, and Jones and Viator, Inc.; the case was closed subject to the stated 30-day restoration and settlement-enforcement conditions.

What happened

Lamar Brown brought Brown v. Jones and Viator, Inc. on behalf of himself and others described as similarly situated. The opinion states that the parties reported the case had been settled in principle.

The court discontinued the action 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 court also stated that any later application to reopen could be denied solely because it was late.

Judge Ronnie Abrams ordered that the case be closed. The parties could ask the court to retain authority to enforce a settlement only if they placed the settlement terms on the public record and obtained the court’s approval within the same 30-day period.

The detailed version

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

Case
Brown v. Jones and Viator, Inc. · No. 1:22-cv-10165
Judge
Ronnie Abrams
Date
Jan. 26, 2023

Background

Lamar Brown filed this action against Jones and Viator, Inc. on behalf of himself and all others similarly situated. The opinion states that the court was informed that the case had been settled in principle. It does not describe the settlement’s terms or state that the court approved the settlement.

Disposition

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. The court stated that any application to reopen filed after that period could be denied solely because it was late.

The court further stated that, if the parties wanted the court to retain authority to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.

Ruling

Judge Ronnie Abrams entered the discontinuance order on January 26, 2023. The opinion does not decide the underlying claims or state the terms of any settlement.

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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