DiMeglio v. Cardillo, Inc.
- Vyskocil
- 1:23-cv-07433
- U.S. District Court · Southern District of New York
- 1
In DiMeglio v. Cardillo, Inc., Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by November 13, 2023.
Maria DiMeglio and Cardillo, Inc.; the action was discontinued, subject to a possible restoration request by November 13, 2023, after which the order states the dismissal would be with prejudice.
What happened
Maria DiMeglio told the court that she and Cardillo, Inc. had reached a settlement in principle in this proposed group case. The opinion does not describe the underlying claims or settlement terms.
The court discontinued the action 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 November 13, 2023.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the action could not be restored under that order.
The detailed version
- DiMeglio v. Cardillo, Inc. · No. 1:23-cv-07433
- Vyskocil
- Oct. 13, 2023
Background
The court received a letter from Plaintiff Maria DiMeglio stating that the parties had reached a settlement in principle. The opinion identifies DiMeglio as proceeding on behalf of herself and others similarly situated, but it does not describe the claims, the proposed group, or the settlement 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 November 13, 2023. The order further stated that if no application was made by that date, the dismissal would be with prejudice. The court cited Muze, Inc. v. Digital On Demand, Inc. for this procedure.
Classification
This is a procedural order because the court discontinued the action based on the parties' reported settlement rather than deciding the underlying legal claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.