Keung v. Asian 59 Inc.
- Vyskocil
- 1:22-cv-08593
- U.S. District Court · Southern District of New York
- 1
In Keung v. Asian 59 Inc., Judge Vyskocil discontinued the settled action, allowing restoration by November 23, 2023, or making dismissal with prejudice.
Lin Kwok Keung, Asian 59 Inc., and 207 East, LLC; the action was discontinued based on the parties’ settlement, subject to the stated deadline for seeking restoration.
What happened
In Keung v. Asian 59 Inc., a mediator reported that Lin Kwok Keung and defendants Asian 59 Inc. and 207 East, LLC had reached an agreement on all issues.
The court discontinued the action without costs to any party. It allowed either party to seek restoration of the action if the settlement could not be put into writing, but the request had to be made by November 23, 2023.
Judge Mary Kay Vyskocil ordered that if no timely request to restore the action was made, the dismissal would be with prejudice.
The detailed version
- Keung v. Asian 59 Inc. · No. 1:22-cv-08593
- Vyskocil
- Oct. 23, 2023
Background
The court received the mediator’s final report stating that plaintiff Lin Kwok Keung and defendants Asian 59 Inc., doing business as Asian 59, and 207 East, LLC, had reached an agreement on all issues.
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. Any application to restore the action had to be made by November 23, 2023.
Effect of the Order
Judge Mary Kay Vyskocil ordered that if no application to restore the action was made by November 23, 2023, the dismissal would be with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.