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S.D.N.Y.Procedural orderFiled Mar. 10, 2023

Prepared Food Photos, Inc. v. Eastchester Fish Gourmet, Inc.

Judge
Vyskocil
Docket
1:22-cv-08516
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Prepared Food Photos v. Eastchester Fish Gourmet, Judge Vyskocil discontinued the action after the parties reported a settlement in principle, subject to restoration by April 10, 2023.

Who this affects

Prepared Food Photos, Inc. and Eastchester Fish Gourmet, Inc.; the action was discontinued without costs, with a possible application to restore it by April 10, 2023, and otherwise dismissal with prejudice.

What happened

Prepared Food Photos, Inc. v. Eastchester Fish Gourmet, Inc. concerned a letter from the plaintiff telling the court that the parties had reached a settlement in principle. The opinion does not describe the underlying dispute or the settlement’s terms.

The court discontinued the action without costs to either party. It allowed either party to seek restoration of the action to the court’s calendar by April 10, 2023.

Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice. The court also postponed all other dates and deadlines indefinitely.

The detailed version

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

Case
Prepared Food Photos, Inc. v. Eastchester Fish Gourmet, Inc. · No. 1:22-cv-08516
Judge
Vyskocil
Date
Mar. 10, 2023

Background

The court received a letter from Prepared Food Photos, Inc. stating that the parties had reached a settlement in principle. The opinion does not provide the underlying claims, the settlement terms, or any explanation of the parties’ dispute.

Court’s Order

The court ordered that the action be discontinued without costs to any party. The order was initially without prejudice to restoring the action to the court’s calendar, but an application to restore had to be made by April 10, 2023. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice. All other dates and deadlines were adjourned indefinitely.

Disposition

Judge Mary Kay Vyskocil entered an order of dismissal based on the parties’ reported settlement in principle. The order did not decide the underlying claims on their merits.

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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