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S.D.N.Y.Procedural orderFiled Aug. 18, 2023

Dyson, Inc. v. Kuehne + Nagel Inc.

Judge
Vyskocil
Docket
1:22-cv-01568
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

Dyson v. Kuehne + Nagel: Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by September 18, 2023.

Who this affects

The plaintiffs—Dyson, Inc., Factory Mutual Insurance Company, and Affiliated FM Insurance Company—and defendant Kuehne + Nagel Inc., doing business as Blue Anchor America Line, were affected by the discontinuance and the deadline for seeking restoration.

What happened

In Dyson, Inc. v. Kuehne + Nagel Inc., the plaintiffs told the court that the parties had reached a settlement in principle.

The court discontinued the case without costs to any party and without prejudice to restoring it if the parties could not put their settlement in writing. Any request to restore the case had to be made by September 18, 2023.

Judge Mary Kay Vyskocil ordered that if no restoration request 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
Dyson, Inc. v. Kuehne + Nagel Inc. · No. 1:22-cv-01568
Judge
Vyskocil
Date
Aug. 18, 2023

Background The court received a letter from a plaintiff stating that the parties had reached a settlement in principle. The opinion does not describe the underlying 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. The application to restore the action had to be made by September 18, 2023. The order stated that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be restored.

Judge United States District Judge Mary Kay Vyskocil issued the order.

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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