DiMeglio v. Lavender By The Bay Inc.
- Ronnie Abrams
- 1:23-cv-04387
- U.S. District Court · Southern District of New York
- 1
In DiMeglio v. Lavender By The Bay Inc., Judge Abrams discontinued the settled case without costs and without prejudice to timely restoration.
Maria DiMeglio and Lavender By The Bay Inc.; the case was closed after the court was informed that the parties had settled, subject to the stated deadlines for restoration or reopening.
What happened
Maria DiMeglio sued Lavender By The Bay Inc. in DiMeglio v. Lavender By The Bay Inc. The opinion does not describe the claims or the settlement terms.
The court was informed that the case had been settled. It discontinued the action without costs to either party and without prejudice to restoring it if an application was made within 60 days.
Judge Ronnie Abrams also directed that any application to reopen filed after 60 days could be denied solely because it was late, and directed the Clerk of Court to close the case.
The detailed version
- DiMeglio v. Lavender By The Bay Inc. · No. 1:23-cv-04387
- Ronnie Abrams
- June 22, 2023
Background
The court stated that it had been informed that the case had settled. The opinion does not identify the claims, describe the settlement terms, or decide the underlying dispute.
Court’s Order
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 the action was made within 60 days. It stated that any application to reopen had to be filed within 60 days of the order and that an application filed later could be denied solely because it was late.
The court also stated 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 30-day period. The Clerk of Court was directed to close the case.
Disposition
Judge Ronnie Abrams discontinued the action without costs and without prejudice to timely restoration, and directed the Clerk of Court to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.