Dumay v. National Railroad Passenger Corporation
- Ronnie Abrams
- 1:22-cv-00634
- U.S. District Court · Southern District of New York
- 1
In Dumay v. Amtrak, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.
Derrick Dumay and National Railroad Passenger Corporation (Amtrak); the scheduled pretrial conference and trial were canceled, and the case was closed.
What happened
Derrick Dumay sued National Railroad Passenger Corporation (Amtrak), and the court was informed that the case had settled.
The court discontinued the action without costs to either party and without prejudice to restoring it within 30 days. It also closed the case and canceled the scheduled pretrial conference and trial.
Judge Ronnie Abrams ordered that any request to reopen the case be filed within 30 days and explained that the settlement terms would need to be placed on the public record and approved by the court if the parties wanted the court to retain enforcement jurisdiction.
The detailed version
- Dumay v. National Railroad Passenger Corporation · No. 1:22-cv-00634
- Ronnie Abrams
- Dec. 13, 2023
Background
The opinion states that the court was informed that this action had settled. It does not describe the claims, the settlement terms, or the underlying dispute.
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 docket if an application to restore it was made within 30 days. Any application to reopen the action had to be filed within 30 days of the order, and the court stated that a later application could be denied solely because it was late.
The court also stated that, if the parties wanted it to retain jurisdiction to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case. The pretrial conference scheduled for January 4, 2024, and the trial scheduled for January 9, 2024, were canceled.
Disposition
Judge Ronnie Abrams discontinued the action without costs and without prejudice to a timely application to restore it. The order did not decide the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.