Toro v. Anthonys, Inc.
- Vyskocil
- 1:23-cv-05311
- U.S. District Court · Southern District of New York
- 1
In Toro v. Anthony’s, Inc., Judge Vyskocil discontinued the settled case, allowing restoration by October 28, 2023, or dismissal with prejudice.
Jasmine Toro and Anthony’s, Inc., the parties to the discontinued action.
What happened
In Toro v. Anthony’s, Inc., Jasmine Toro told the court that the parties had reached a settlement in principle.
The court discontinued the case without costs to either 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 28, 2023.
Judge Mary Kay Vyskocil ordered that if no request to restore the case was made by that date, the dismissal would be with prejudice.
The detailed version
- Toro v. Anthonys, Inc. · No. 1:23-cv-05311
- Vyskocil
- Sept. 28, 2023
Background
Jasmine Toro filed the action against Anthony’s, Inc. The opinion does not describe the underlying claims. Toro informed 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 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 October 28, 2023. If no application was made by that date, the dismissal would be with prejudice.
Effect
The order ended the action subject to the stated restoration condition. The opinion does not state whether the settlement was later put in writing or whether the case was restored.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.