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S.D.N.Y.Procedural orderFiled July 19, 2023

C.S. v. New York City Department Of Education

Judge
Vyskocil
Docket
1:23-cv-00157
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In C.S. v. New York City Department of Education, Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by August 21, 2023.

Who this affects

C.S., L.S., and the New York City Department of Education. The action was discontinued, with a possibility of restoration by August 21, 2023 if the settlement could not be put in writing; otherwise, the dismissal would be with prejudice.

What happened

C.S. v. New York City Department of Education concerned an action brought by C.S., individually and on behalf of her child, L.S. The defendant informed the court that the parties had reached a settlement in principle.

The court discontinued the action without costs to any party. The parties could ask to restore the action to the court’s calendar if they could not put their settlement in writing, but that request had to be made by August 21, 2023.

Judge Mary Kay Vyskocil ordered that if no request to restore the action 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
C.S. v. New York City Department Of Education · No. 1:23-cv-00157
Judge
Vyskocil
Date
July 19, 2023

Background

C.S. sued the New York City Department of Education individually and on behalf of her child, L.S. The court received a letter from the Department stating that the parties had reached a settlement in principle. The opinion does not describe the claims or the settlement’s terms.

Ruling

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 21, 2023. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice.

Effect

The order ended the action subject to the stated deadline and settlement condition. It did not decide the underlying claims. The opinion does not state whether the parties later completed the settlement or sought restoration.

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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