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S.D.N.Y.Procedural orderFiled Aug. 10, 2023

Toro v. Lewis Bros, Inc.

Judge
Vyskocil
Docket
1:23-cv-03655
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Toro v. Lewis Bros, Inc., Judge Vyskocil ordered dismissal after a settlement in principle, allowing restoration by September 10, 2023.

Who this affects

Andrew Toro, Lewis Bros, Inc., and the others whom Toro sought to represent.

What happened

Toro v. Lewis Bros, Inc. was brought by Andrew Toro on behalf of himself and others described as similarly situated against Lewis Bros, Inc. The court was told that the parties had reached a settlement in principle.

The court discontinued the case without costs to any party. It allowed either side to seek restoration of the case to the court’s calendar by September 10, 2023.

Judge Mary Kay Vyskocil ordered that, if no restoration request was made by that date, the dismissal would be with prejudice. The court also postponed all other dates and deadlines indefinitely.

The detailed version

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

Case
Toro v. Lewis Bros, Inc. · No. 1:23-cv-03655
Judge
Vyskocil
Date
Aug. 10, 2023

Background

Andrew Toro sued Lewis Bros, Inc. on behalf of himself and others similarly situated. The opinion does not describe the underlying claims. The court stated that the plaintiff had informed it that the parties reached a settlement in principle.

Order

The court ordered that the case be discontinued without costs to any party. The order permitted the action to be restored to the court’s calendar if an application to restore it was made by September 10, 2023. If no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be restored through that procedure. The court adjourned all other dates and deadlines indefinitely.

Disposition

Judge Mary Kay Vyskocil entered an order of dismissal based on the reported settlement in principle. The opinion does not state the settlement’s terms or indicate that the court approved a final settlement.

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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