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S.D.N.Y.Procedural orderFiled Mar. 6, 2023

Dominici v. Rising Sun Construction LLC

Judge
John Cronan
Docket
1:18-cv-11383
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Dominici v. Rising Sun Construction LLC, Judge Cronan dismissed Manuel Castillo’s case without prejudice and directed the clerk to close the action.

Who this affects

Plaintiff Manuel Castillo was dismissed from the case without prejudice. The clerk was directed to terminate him from the action and close the case. Plaintiffs who joined the settlement had previously been dismissed with prejudice, while plaintiffs who did not join it had previously been dismissed without prejudice.

What happened

In Dominici v. Rising Sun Construction LLC, the court addressed the status of the case after approving the parties’ settlement agreement as fair and reasonable.

The court had dismissed the case with prejudice as to plaintiffs who joined the settlement and without prejudice as to those who did not. The court had omitted Manuel Castillo from the group dismissed without prejudice.

The court therefore dismissed the case without prejudice as to Manuel Castillo, directed the clerk to terminate him from the action, and directed the clerk to close the case. Judge John P. Cronan issued the order.

The detailed version

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

Case
Dominici v. Rising Sun Construction LLC · No. 1:18-cv-11383
Judge
John Cronan
Date
Mar. 6, 2023

Background

On February 17, 2023, the court approved the parties’ settlement agreement as fair and reasonable under the cases cited in the opinion. The court dismissed the action with prejudice as to plaintiffs who joined the settlement agreement and without prejudice as to plaintiffs who did not join it.

Ruling

The court stated that it had omitted Plaintiff Manuel Castillo from the group dismissed without prejudice. It therefore dismissed the case without prejudice with respect to Manuel Castillo. The clerk was directed to terminate Castillo from the action and close the case.

Effect of the Order

The dismissal concerning Manuel Castillo was without prejudice, using the court’s own wording. The opinion does not describe the underlying claims or explain why Castillo did not join the 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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