Picon v. Westchester Jewelry, Inc.
- Vyskocil
- 1:22-cv-03439
- U.S. District Court · Southern District of New York
- 1
In Picon v. Westchester Jewelry, Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by June 16, 2023.
Yelitza Picon, the persons she sought to represent, and Westchester Jewelry, Inc.
What happened
In Picon v. Westchester Jewelry, Inc., the plaintiff told the court that the parties had reached a settlement in principle.
The court discontinued the case without costs to either party. The case could be restored if the parties could not put their settlement in writing and an application to restore it was filed by June 16, 2023.
Judge Mary Kay Vyskocil ordered that if no restoration application was filed by that date, the dismissal would be with prejudice.
The detailed version
- Picon v. Westchester Jewelry, Inc. · No. 1:22-cv-03439
- Vyskocil
- May 9, 2023
Background
Yelitza Picon notified the court that the parties had reached a settlement in principle. The opinion does not describe the settlement's terms or state that the parties had completed a written settlement.
Ruling
The court ordered that the action be discontinued without costs to any party and 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 16, 2023. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice. Judge Mary Kay Vyskocil entered the order. The order did not decide the underlying claims.
Effect
The case was conditionally dismissed based on the reported settlement in principle. The order allowed restoration by the stated deadline if the settlement could not be put in writing; otherwise, the dismissal would become with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.