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S.D.N.Y.Procedural orderFiled Oct. 16, 2023

Cordero v. Polar Electro Inc.

Judge
Vyskocil
Docket
1:22-cv-05688
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

Cordero v. Polar Electro, Judge Vyskocil ordered dismissal after the parties reported reaching a settlement in principle.

Who this affects

Rafael Cordero, Polar Electro Inc., and the putative class members represented in the action were affected by the conditional dismissal and settlement-related deadline.

What happened

In Cordero v. Polar Electro Inc., Rafael Cordero told the court that the parties had reached a settlement in principle.

The court discontinued the case without costs and allowed either party to seek restoration if the settlement was not put in writing by November 27, 2023. If no request was made by that date, the dismissal would become final and bar refiling.

Judge Mary Kay Vyskocil also adjourned the scheduled initial pretrial conference indefinitely.

The detailed version

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

Case
Cordero v. Polar Electro Inc. · No. 1:22-cv-05688
Judge
Vyskocil
Date
Oct. 16, 2023

Background

Rafael Cordero filed the action individually and on behalf of others similarly situated against Polar Electro Inc. The court received Cordero’s letter reporting 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 it to the court’s calendar if the parties could not memorialize their settlement in writing. Any application to restore the action had to be made by November 27, 2023. The court stated that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be refiled. The court also adjourned the October 20, 2023 Initial Pretrial Conference indefinitely. Judge Mary Kay Vyskocil issued the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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