Cordero v. Belle Toffee, LLC
- Vyskocil
- 1:23-cv-01375
- U.S. District Court · Southern District of New York
- 1
In Cordero v. Belle Toffee, Judge Vyskocil discontinued the action after a settlement in principle, subject to possible restoration by July 21, 2023.
Rafael Cordero, the people he sought to represent, and Belle Toffee, LLC. The action was discontinued rather than decided on the underlying claims.
What happened
In Cordero v. Belle Toffee, LLC, Rafael Cordero told the court that the parties had reached a settlement in principle. Cordero had brought the case individually and on behalf of others similarly situated.
The court discontinued the action without requiring either party to pay costs. It allowed the case to be restored to the court’s calendar if an application was made by July 21, 2023. The order states that if no application was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil also adjourned all other dates and deadlines indefinitely. The opinion’s electronic filing stamp shows August 21, 2023, while the order itself is dated June 21, 2023, creating a date inconsistency.
The detailed version
- Cordero v. Belle Toffee, LLC · No. 1:23-cv-01375
- Vyskocil
- June 21, 2023
Background
Rafael Cordero sued Belle Toffee, LLC individually and on behalf of all others similarly situated. The court was informed that the parties had reached a settlement in principle.
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, but only if an application to restore it was made by July 21, 2023. The order states that if no such application was made by that date, the dismissal would be with prejudice. The court also adjourned all other dates and deadlines indefinitely.
Judge Mary Kay Vyskocil issued the order. The document contains a date inconsistency: its electronic filing stamp states August 21, 2023, while the order is dated June 21, 2023, and sets a July 21, 2023 restoration deadline.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.