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S.D.N.Y.Procedural orderFiled July 25, 2023

Pereira v. Whitehall Properties, LLC

Judge
Vyskocil
Docket
1:22-cv-10276
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Pereira v. Whitehall Properties, Judge Vyskocil lifted the stay and discontinued the case after a settlement in principle, allowing restoration before dismissal with prejudice.

Who this affects

Plaintiff Rodolfo Pereira and defendants Whitehall Properties, LLC, Pan Am Equities Inc., Whitehall Properties II LLC, and John Dipaola; the case was discontinued after the parties reported a settlement in principle.

What happened

In Pereira v. Whitehall Properties, the parties informed the court that they had reached a settlement in principle. The court therefore lifted the stay that had paused the case.

The court ordered the action discontinued without costs to any party. The parties could ask to restore the case to the court’s calendar by September 25, 2023.

If no restoration request was made by that date, the dismissal would be with prejudice, meaning the action could not be restored. Judge Mary Kay Vyskocil also adjourned all other dates and deadlines without setting a new date.

The detailed version

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

Case
Pereira v. Whitehall Properties, LLC · No. 1:22-cv-10276
Judge
Vyskocil
Date
July 25, 2023

Background

The parties informed the court that they had reached a settlement in principle. The court’s order does not describe the claims or the settlement’s terms.

Ruling

Judge Mary Kay Vyskocil ordered that the stay of the case be lifted. The action was discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if a restoration request was made by September 25, 2023.

The order stated that if no restoration request was made by that deadline, the dismissal would be with prejudice. All other dates and deadlines were adjourned without a specified new date.

The authoritative version

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

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