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S.D.N.Y.Procedural orderFiled Sept. 27, 2023

Rauch Industries, Inc. v. Heart Artist LLC

Judge
Vyskocil
Docket
1:22-cv-00909
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Rauch Industries v. Heart Artist, Judge Vyskocil discontinued the action after settlement in principle, allowing restoration by October 27, 2023, or dismissal with prejudice.

Who this affects

Rauch Industries, Inc., Heart Artist LLC, and Christopher Radko.

What happened

Rauch Industries, Inc. v. Heart Artist LLC and Christopher Radko was a federal lawsuit in which the parties reached a settlement in principle, according to the magistrate judge.

The court discontinued the action 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 October 27, 2023.

Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice. She also adjourned the scheduled October 3, 2023 status conference.

The detailed version

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

Case
Rauch Industries, Inc. v. Heart Artist LLC · No. 1:22-cv-00909
Judge
Vyskocil
Date
Sept. 27, 2023

Background

The court was advised by Magistrate Judge Cott that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.

Disposition

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. Any application to restore the action had to be made by October 27, 2023. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not then be restored through that procedure.

The court also adjourned the October 3, 2023 status conference without setting a new date.

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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