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

Cromitie v. Savor Goods, LLC

Judge
Vyskocil
Docket
1:23-cv-04320
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Cromitie v. Savor Goods, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by November 16, 2023, if needed.

Who this affects

Seana Cromitie, Savor Goods, LLC, and the people Cromitie sought to represent were affected by the conditional discontinuance of the action.

What happened

Seana Cromitie sued Savor Goods, LLC on behalf of herself and others similarly situated. The opinion says the parties reached a settlement in principle.

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 16, 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.

The detailed version

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

Case
Cromitie v. Savor Goods, LLC · No. 1:23-cv-04320
Judge
Vyskocil
Date
Oct. 16, 2023

Background

Seana Cromitie brought the action against Savor Goods, LLC on behalf of herself and all others similarly situated. The court received a letter from Cromitie 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. Restoration was permitted if the parties were unable to memorialize their settlement in writing, but any application to restore the action had to be made by November 16, 2023.

Effect of the order

The order states that if no application to restore the action was made by November 16, 2023, the dismissal would be with prejudice, meaning the action could not then be restored. Judge Mary Kay Vyskocil signed the order on October 16, 2023. The opinion does not address the merits of the underlying claims or approve the settlement.

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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