Mersen USA EP Corp. v. TDK Electronics Inc.
- Vyskocil
- 1:21-cv-00763
- U.S. District Court · Southern District of New York
- 1
In Mersen USA EP Corp. v. TDK Electronics Inc., Judge Vyskocil discontinued the action after settlement in principle, allowing restoration by July 10, 2023.
Mersen USA EP Corp. and TDK Electronics Inc.; the action was discontinued without costs, subject to possible restoration by July 10, 2023, and otherwise would be dismissed with prejudice.
What happened
Mersen USA EP Corp. v. TDK Electronics Inc. ended after the parties told the court that they had reached a settlement in principle.
The court discontinued the action without costs to either party and allowed the parties to restore the case if they could not put their settlement in writing, provided they applied by July 10, 2023.
Judge Mary Kay Vyskocil ordered that if no application to restore the action was filed by that date, the dismissal would be with prejudice.
The detailed version
- Mersen USA EP Corp. v. TDK Electronics Inc. · No. 1:21-cv-00763
- Vyskocil
- June 8, 2023
Background
The parties informed the court that they had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement terms.
Court’s Order
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 July 10, 2023. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be restored.
Disposition
Judge Mary Kay Vyskocil ordered the conditional discontinuance and dismissal described above. The opinion did not decide the underlying merits of the parties’ dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.