Gabriel v. Sweetgreen, Inc.
- Vyskocil
- 1:22-cv-09588
- U.S. District Court · Southern District of New York
- 1
Judge Vyskocil discontinued Gabriel v. Sweetgreen after the parties reached a settlement in principle, without costs and with conditional restoration available.
The plaintiffs, Sweetgreen, Inc., and the other people represented in the action were affected by the conditional discontinuance and dismissal terms.
What happened
In Gabriel v. Sweetgreen, Inc., the court received notice that the parties had reached a settlement in principle. The plaintiffs brought the case for themselves and others described as similarly situated.
The court discontinued the action without costs to any party. The order allowed either side to ask to restore the case to the court’s calendar if the parties could not put their settlement in writing, but the request had to be made by April 15, 2023.
Judge Mary Kay Vyskocil stated that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the action could not be brought back under the order’s terms.
The detailed version
- Gabriel v. Sweetgreen, Inc. · No. 1:22-cv-09588
- Vyskocil
- Mar. 10, 2023
Background
Juan Gabriel and George Santiago brought the action on behalf of themselves and others described as similarly situated against Sweetgreen, Inc. The court received a letter from the defendants stating 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 stated that the case could 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 April 15, 2023.
Effect of the Order
The order further stated that if no application to restore the action was made by April 15, 2023, the dismissal would be with prejudice. The opinion did not describe the settlement’s terms or decide the underlying claims.
Judge
United States District Judge Mary Kay Vyskocil entered the order on March 10, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.