Wahab v. Walking Depot Corporation
- Vyskocil
- 1:23-cv-07461
- U.S. District Court · Southern District of New York
- 1
In Wahab v. Walking Depot Corporation, Judge Vyskocil dismissed the action after a settlement in principle, allowing restoration by November 13, 2023.
Angela Wahab, the proposed similarly situated plaintiffs, and Walking Depot Corporation were affected by the conditional dismissal and restoration deadline.
What happened
In Wahab v. Walking Depot Corporation, Angela Wahab told the court that the parties had reached a settlement in principle. She brought the action on behalf of herself and others similarly situated.
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 action had to be made by November 13, 2023; otherwise, the dismissal would become with prejudice.
Judge Mary Kay Vyskocil entered the order on October 13, 2023. The order did not decide the underlying claims.
The detailed version
- Wahab v. Walking Depot Corporation · No. 1:23-cv-07461
- Vyskocil
- Oct. 13, 2023
Background
Angela Wahab brought this action against Walking Depot Corporation on behalf of herself and others similarly situated. The opinion does not describe the underlying claims. The court received a letter from Wahab stating that the parties had reached a settlement in principle.
Court’s action
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 court required any application to restore the action to be made by November 13, 2023.
Effect of the deadline
The order states that if no application to restore the action was made by November 13, 2023, the dismissal would be with prejudice. The opinion does not report whether the parties later memorialized the settlement or whether anyone applied to restore the action.
Disposition
Judge Mary Kay Vyskocil entered an order of dismissal. The order discontinued the action under the stated settlement-related conditions and did not reach the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.