Senior v. Betsy & Adam, Ltd.
- Vyskocil
- 1:22-cv-05319
- U.S. District Court · Southern District of New York
- 1
In Senior v. Betsy & Adam, Ltd., Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by May 30, 2023.
Milagros Senior and Betsy & Adam Ltd.; the action was discontinued after the parties reported a settlement in principle, with restoration permitted by May 30, 2023, and dismissal with prejudice if no restoration application was made by then.
What happened
Senior v. Betsy & Adam, Ltd. involved Milagros Senior’s case brought on behalf of herself and others similarly situated against Betsy & Adam Ltd. The opinion says the parties had reached a settlement in principle.
The court discontinued the action without costs to either party. It allowed the case to be restored if the parties could not put their settlement into writing, but any request to restore the case had to be made by May 30, 2023.
Judge Mary Kay Vyskocil ordered that if no request to restore the case was made by that date, the dismissal would be with prejudice.
The detailed version
- Senior v. Betsy & Adam, Ltd. · No. 1:22-cv-05319
- Vyskocil
- Apr. 18, 2023
Background
Milagros Senior brought the action on behalf of herself and others similarly situated against Betsy & Adam Ltd. The opinion does not describe the underlying claims. Senior informed the court by letter 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 court allowed the action to be restored to its calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by May 30, 2023.
Disposition
Judge Mary Kay Vyskocil ordered that if no application to restore the action was made by May 30, 2023, the dismissal would be with prejudice, meaning the action could not be brought again. The order did not decide the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.