Brown v. The Tiger Sports Shop, Inc.
- Vyskocil
- 1:22-cv-10348
- U.S. District Court · Southern District of New York
- 1
Judge Vyskocil discontinued Brown v. The Tiger Sports Shop, Inc. after settlement discussions, allowing restoration by September 25, 2023, or dismissal becomes with prejudice.
Lamar Brown, the people he sought to represent, and The Tiger Sports Shop, Inc.
What happened
In Brown v. The Tiger Sports Shop, Inc., the defendant told the court that the parties had reached a settlement in principle. The opinion does not describe the settlement’s terms.
The court discontinued the case without costs to either party. The case could be restored if the parties could not put their settlement in writing and an application to restore it was made by September 25, 2023.
If no restoration application was made by that date, the dismissal would become with prejudice. Judge Mary Kay Vyskocil did not decide the underlying claims.
The detailed version
- Brown v. The Tiger Sports Shop, Inc. · No. 1:22-cv-10348
- Vyskocil
- Aug. 25, 2023
Background
Lamar Brown brought the action on behalf of himself and all others similarly situated against The Tiger Sports Shop, Inc. The court received a letter from the defendant stating that the parties had reached a settlement in principle. The opinion does not provide the settlement terms or state whether the parties later completed a written settlement.
Court’s Order
The court ordered that the action be discontinued without costs to any party. The dismissal was without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by September 25, 2023.
The court further ordered that if no application to restore the action was made by that date, the dismissal would be with prejudice. The opinion did not address the merits of Brown’s claims or decide whether either party was legally responsible.
Disposition
The action was discontinued under the stated settlement-related conditions. Judge Mary Kay Vyskocil signed the order on August 25, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.