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S.D.N.Y.Procedural orderFiled May 1, 2023

Thomas v. 209-219 W. 38 LLC

Judge
Lorna Schofield
Docket
1:22-cv-09848
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Thomas v. 209-219 W. 38 LLC, Judge Schofield dismissed the settled case without prejudice to timely restoration and denied pending motions as moot.

Who this affects

The plaintiff and defendants. The action was dismissed after the reported settlement in principle, subject to a possible application to restore the action within 30 days.

What happened

In Thomas v. 209-219 W. 38 LLC, the court was informed that the parties had reached a settlement in principle.

The court dismissed the action without costs and allowed either party to ask to restore it to the court’s calendar within 30 days of the order. An application filed after 30 days could be denied solely because it was late.

Judge Schofield denied any pending motions as moot and canceled all conferences. The order was dated May 1, 2023.

The detailed version

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

Case
Thomas v. 209-219 W. 38 LLC · No. 1:22-cv-09848
Judge
Lorna Schofield
Date
May 1, 2023

Background

The court stated that the parties had reached a settlement in principle. The opinion does not describe the claims, the settlement’s terms, or the parties’ positions on the underlying dispute.

Ruling

The court ordered that the action be dismissed without costs and without prejudice to restoring it to the court’s calendar, provided an application to restore was made within 30 days of the order. The court stated that an application filed after 30 days could be denied solely on that basis.

The court also denied all pending motions as moot and canceled all conferences.

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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