Toro v. Aerosmith, LLC
- Vyskocil
- 1:23-cv-05053
- U.S. District Court · Southern District of New York
- 1
In Toro v. Aerosmith, LLC, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by September 25, 2023.
Luis Toro and Aerosmith, LLC; the action was discontinued subject to the settlement and September 25, 2023 restoration deadline.
What happened
In Toro v. Aerosmith, LLC, Plaintiff Luis Toro told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party and allowed it to be restored if the parties could not put their settlement in writing and applied by September 25, 2023.
Judge Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice.
The detailed version
- Toro v. Aerosmith, LLC · No. 1:23-cv-05053
- Vyskocil
- Aug. 28, 2023
Background Plaintiff Luis Toro filed a letter informing the court that the parties had reached a settlement in principle.
Ruling 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 order states that if no such application was made by that date, the dismissal would be with prejudice.
Effect The order ended the case based on the reported settlement, subject to the stated deadline and conditions. It did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.