Garcia v. United States
- Vyskocil
- 1:22-cv-01453
- U.S. District Court · Southern District of New York
- 1
Garcia v. United States: Judge Vyskocil discontinued the action without costs, allowing restoration by June 2, 2023, or dismissal becomes with prejudice.
Maximo Garcia and the United States of America; the action was discontinued without costs, subject to possible restoration by June 2, 2023.
What happened
Maximo Garcia v. United States involved a letter from the United States reporting that the parties had reached a settlement in principle.
The court ordered the action discontinued without costs to either party. The case could be restored to the court’s calendar if the parties could not put their settlement in writing, but any request had to be made by June 2, 2023; otherwise, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil entered the order on May 2, 2023.
The detailed version
- Garcia v. United States · No. 1:22-cv-01453
- Vyskocil
- May 2, 2023
Background
The United States 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.
Ruling
The court ordered that the action be discontinued without costs to any party. The discontinuance was without prejudice to restoring the action 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 June 2, 2023. If no application was made by that date, the dismissal would be with prejudice, meaning the action could not be restored through that procedure.
Effect
The order closed the action while allowing the parties time to complete a written settlement. It did not decide the underlying claims. Judge Mary Kay Vyskocil issued the order on May 2, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.