Gibson v. Rivers and Hills Hospitality Group LLC
- Vyskocil
- 1:23-cv-00348
- U.S. District Court · Southern District of New York
- 1
In Gibson v. Rivers and Hills Hospitality Group LLC, Judge Vyskocil adjourned the reopening deadline to June 2, 2023, while settlement paperwork awaited signatures.
The parties to Gibson v. Rivers and Hills Hospitality Group LLC, including the plaintiff and defendants, were affected by the extended deadline and the stated consequence of failing to seek restoration of the action.
What happened
Gibson v. Rivers and Hills Hospitality Group LLC involved the parties’ request for more time to file a signed agreement ending the case. The plaintiff’s lawyer said the settlement agreement had been prepared and approved, but client signatures were still pending, and the defendants joined the request.
The court extended the deadline to move to reopen or restore the case to June 2, 2023. The parties did not need to file the signed agreement by that date.
Judge Mary Kay Vyskocil stated that, under the court’s earlier order, the action will be dismissed with prejudice if the parties do not move to restore it by June 2, 2023. The order did not decide the underlying dispute.
The detailed version
- Gibson v. Rivers and Hills Hospitality Group LLC · No. 1:23-cv-00348
- Vyskocil
- May 22, 2023
Background
The plaintiff’s counsel submitted a joint request for a two-week extension of the deadline to file an executed stipulation of discontinuance, meaning a signed filing formally ending the action. Counsel stated that the parties had prepared and approved a settlement agreement but were still waiting for client signatures. The defendants joined the request.
Ruling
The court adjourned the deadline to move to reopen the case to June 2, 2023. The parties were not required to file an executed stipulation of discontinuance on or before that date.
The order referred to the court’s earlier order at ECF No. 20 and stated that, if the parties did not move to restore the action by June 2, 2023, the action would be dismissed with prejudice. The opinion does not decide the merits of the parties’ underlying dispute. Judge Mary Kay Vyskocil signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.