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S.D.N.Y.Procedural orderFiled July 5, 2023

Hedges v. Yellow Byrd LLC

Judge
Vyskocil
Docket
1:23-cv-02837
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Hedges v. Yellow Byrd, Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by August 7, 2023.

Who this affects

Donna Hedges, the people she sought to represent, and Yellow Byrd LLC. The action was discontinued without costs; it could be restored by August 7, 2023 if the parties could not put their settlement in writing, but otherwise the dismissal would be with prejudice.

What happened

In Hedges v. Yellow Byrd LLC, Donna Hedges told the court that the parties had reached a settlement in principle. The opinion does not describe the claims or the settlement's terms.

The court discontinued the action without costs to either party. The action could be restored if the parties could not put their settlement in writing and an application to restore it was made by August 7, 2023.

Judge Mary Kay Vyskocil ordered that if no restoration application was made by that date, the dismissal would be with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hedges v. Yellow Byrd LLC · No. 1:23-cv-02837
Judge
Vyskocil
Date
July 5, 2023

Background Donna Hedges filed the action on behalf of herself and other similarly situated persons against Yellow Byrd LLC. The court received Hedges's letter stating that the parties had reached a settlement in principle. The opinion does not identify the underlying claims or provide the settlement terms.

Court's action 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 August 7, 2023.

Effect of the order The order stated that if no application to restore the action was made by August 7, 2023, the dismissal would be with prejudice. The court did not decide the merits of the underlying claims. Judge Mary Kay Vyskocil signed the order on July 5, 2023.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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