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S.D.N.Y.Procedural orderFiled May 4, 2023

Yan Luis v. Higher Primate, LLC

Judge
Ronnie Abrams
Docket
1:23-cv-01376
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Yan Luis v. Higher Primate, LLC, Judge Abrams discontinued the settled-in-principle case without prejudice to timely restoration.

Who this affects

The plaintiff, Higher Primate, LLC, and the pending action. The opinion does not describe the settlement’s effect on other people covered by the complaint.

What happened

In Yan Luis v. Higher Primate, LLC, the court was told that the case had been settled in principle. The order does not describe the settlement’s terms or say that it had been finalized.

The court discontinued the action without costs to either party. The action could be restored if an application was filed within 45 days after the order.

Judge Ronnie Abrams also directed that any request for the court to retain authority to enforce a settlement be placed on the public record and approved by the court within that same 45-day period. The clerk was directed to close the case.

The detailed version

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

Case
Yan Luis v. Higher Primate, LLC · No. 1:23-cv-01376
Judge
Ronnie Abrams
Date
May 4, 2023

Background

The court stated that it had been informed that the case had been settled in principle. The order does not provide the settlement terms or otherwise explain whether the parties had completed a final settlement.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore was made within 45 days. The order states that an application to reopen filed after that period may be denied solely because it was late.

The court further ordered that, if the parties wanted the court to retain authority to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 45-day period. The clerk was directed to close the case.

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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