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S.D.N.Y.Procedural orderFiled July 31, 2023

Thomas v. 209-219 W. 38 LLC

Judge
Lorna Schofield
Docket
1:22-cv-09848
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Thomas v. 209-219 W. 38 LLC, Judge Schofield granted the parties’ request to extend their settlement-filing deadline.

Who this affects

Terrell Thomas and defendants 209-219 W. 38 LLC and West 38 Kosher Deli Inc., whose deadline to finalize the settlement-related filing was extended to August 30, 2023.

What happened

In Terrell Thomas v. 209-219 W. 38 LLC and West 38 Kosher Deli Inc., the parties asked for 30 more days to finish and sign their settlement agreement. They had settled the action but were still exchanging comments on the written agreement.

This was the parties’ third request for more time. They asked to move the deadline from July 31, 2023, to August 30, 2023, or, alternatively, to reopen the case.

Judge Lorna G. Schofield granted the application. The court stated that any application to restore the action must be filed by August 30, 2023, and that no further extensions would be granted without extraordinary circumstances.

The detailed version

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

Case
Thomas v. 209-219 W. 38 LLC · No. 1:22-cv-09848
Judge
Lorna Schofield
Date
July 31, 2023

Background

The plaintiff’s counsel, writing with the defendants’ consent, requested an additional 30 days to file a stipulation of dismissal or, alternatively, to reopen the case. The requested deadline change was from July 31, 2023, to August 30, 2023.

The parties had settled the action on April 24, 2023, but were still working to finalize and sign the settlement agreement. The letter described three rounds of comments between the parties. It stated that the agreement was close to final form and that defendant 209-219 W. 38 LLC had not provided comments during the three-month process, while defendant West 38 Kosher Deli Inc. had provided comments.

This was the third extension request. The court had granted the first request on May 31, 2023, and the second request on July 5, 2023.

Court’s Action

Judge Lorna G. Schofield granted the application. The court directed that any application to restore the action be filed by August 30, 2023, and stated that no further extensions would be granted absent extraordinary circumstances. The opinion does not decide the underlying claims or the terms of the settlement.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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