Valdes v. Mt. Hawley Insurance Company
- Vyskocil
- 1:23-cv-02539
- U.S. District Court · Southern District of New York
- 1
In Valdes v. Mt. Hawley Insurance Company, Judge Vyskocil discontinued the settled action, allowing timely restoration before making the dismissal with prejudice.
Isabel Valdes and Mt Hawley Insurance Company; the action was discontinued based on the parties’ reported settlement in principle.
What happened
In Valdes v. Mt. Hawley Insurance Company, the defendant told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party. It allowed either party to seek restoration of the case if the settlement could not be put in writing, but the request had to be made by May 10, 2023.
Judge Mary Kay Vyskocil ordered that if no timely restoration request was made, the dismissal would be with prejudice, meaning the action could not be restored.
The detailed version
- Valdes v. Mt. Hawley Insurance Company · No. 1:23-cv-02539
- Vyskocil
- Apr. 10, 2023
Background The defendant filed a letter informing the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement's terms.
Court’s Action The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if the parties were unable to memorialize their settlement in writing. Any application to restore the action had to be made by May 10, 2023.
Effect of the Order The court stated that if no application to restore the action was made by May 10, 2023, the dismissal would be with prejudice. The order did not decide the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.