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

Toro v. Universal Pool Co., Inc.

Judge
Vyskocil
Docket
1:22-cv-10892
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Toro v. Universal Pool Co., Judge Vyskocil discontinued the action after a settlement in principle, subject to an August 5 restoration deadline.

Who this affects

Jasmine Toro, the people she sought to represent, and Universal Pool Co., Inc.; the action was discontinued subject to the stated restoration deadline.

What happened

Jasmine Toro brought this action on behalf of herself and others described as similarly situated against Universal Pool Co., Inc.

The defendant informed the court that the parties had reached a settlement in principle. The court discontinued the action without costs to either party and allowed restoration to the court’s calendar if the parties could not put their settlement in writing and an application was made by August 5, 2023.

Judge Mary Kay Vyskocil ordered that, if no application to restore the action was made by August 5, 2023, the dismissal would be with prejudice.

The detailed version

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

Case
Toro v. Universal Pool Co., Inc. · No. 1:22-cv-10892
Judge
Vyskocil
Date
July 5, 2023

Background

Jasmine Toro sued Universal Pool Co., Inc., on behalf of herself and all others similarly situated. The opinion does not describe the claims or the proposed settlement’s terms.

Settlement and Order

The court received a letter from Universal Pool Co., Inc., stating that the parties had reached a settlement in principle. The court therefore ordered that the action be discontinued without costs to any party.

The order allowed the action to be restored to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by August 5, 2023.

Disposition

Judge Mary Kay Vyskocil ordered that, if no application to restore the action was made by August 5, 2023, the dismissal of the action would be with prejudice. The opinion does not state whether the settlement was ultimately reduced to writing or whether any application to restore the action was filed.

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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