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S.D.N.Y.Procedural orderFiled Apr. 3, 2023

Velasquez v. Best Way Driving School Inc.

Judge
Vyskocil
Docket
1:21-cv-10872
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Velasquez v. Best Way Driving School Inc., Judge Vyskocil dismissed the settled case, allowing restoration by May 3, 2023, before dismissal became with prejudice.

Who this affects

Ricardo Velasquez and the defendants—Best Way Driving School Inc., Best Way Driving School Inc., doing business as Best Way Driving School, and Franklin Ave Estates Owner LLC—were affected by the order discontinuing the settled action.

What happened

In Velasquez v. Best Way Driving School Inc., the mediator informed the court that the parties had settled all issues in the case.

The court ordered the action discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if an application was made by May 3, 2023.

Judge Mary Kay Vyskocil stated that if no application to restore the case was made by that date, the dismissal would be with prejudice, meaning the action could not be reopened.

The detailed version

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

Case
Velasquez v. Best Way Driving School Inc. · No. 1:21-cv-10872
Judge
Vyskocil
Date
Apr. 3, 2023

Background

The mediator informed the court that a settlement had been reached on all issues in the case. The opinion does not describe the settlement’s terms.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar. A party could apply to restore the case by May 3, 2023. The order stated that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be reopened.

Effect

The order ended the case subject to the stated deadline for seeking restoration. It did not disclose the terms of 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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