Napolitano v. Teachers College, Columbia University
- Vyskocil
- 1:19-cv-09515-MKV
- U.S. District Court · Southern District of New York
- 2
In Napolitano v. Teachers College, Judge Vyskocil discontinued the case during settlement, allowing restoration within 45 days before dismissal with prejudice.
Valentino Napolitano and Teachers College, Columbia University; the order governed the settlement period, the possible restoration of the action, and the consequences of not seeking restoration by September 18, 2023.
What happened
In Napolitano v. Teachers College, Columbia University, the parties told the court that they had reached a settlement in principle and were finalizing their agreement. The case included claims under the Age Discrimination in Employment Act, which gives the plaintiff seven days to revoke a signed settlement agreement.
The court discontinued the action without costs to either party and allowed it to be restored if an application was made by September 18, 2023. The plaintiff was told to seek restoration if the parties did not reach a final agreement or if he revoked the agreement within the seven-day period.
Judge Mary Kay Vyskocil ordered that, if no restoration application was made by September 18, 2023, the dismissal would be with prejudice. The court also adjourned all other dates and deadlines indefinitely.
The detailed version
- Napolitano v. Teachers College, Columbia University · No. 1:19-cv-09515-MKV
- Vyskocil
- Aug. 4, 2023
Background
The defendant sent a letter to the court on behalf of both parties stating that they had reached a settlement in principle and were finalizing a settlement agreement. The letter identified claims under the Age Discrimination in Employment Act (ADEA). It also explained that an ADEA settlement release must give the plaintiff seven days after signing to revoke the agreement. The parties expected to complete the settlement process, including that seven-day period, within 30 days.
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 an application to restore was made within 45 days, by September 18, 2023. The court stated that the plaintiff should move to restore the action by that date if the parties could not reach a final agreement or if, within seven days after signing the settlement, he chose to revoke it and continue the litigation.
If no application to restore was made by September 18, 2023, the court ordered that the dismissal would be with prejudice. The court also adjourned all other dates and deadlines indefinitely. Judge Mary Kay Vyskocil did not decide the underlying employment-discrimination claims in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.