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S.D.N.Y.Procedural orderFiled Dec. 21, 2023

Miranda De Santos v. Excelente Gil Cafeteria & Restaurant Corp.

Judge
John Cronan
Docket
1:22-cv-03458
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Miranda De Santos v. Excelente Gil, Judge Cronan postponed the trial and deadlines after being told the parties had reached a settlement in principle.

Who this affects

The parties to the case were affected because the January 15, 2024 trial and all associated deadlines were postponed, and they were required to report on the settlement’s status unless they filed the specified settlement materials or an accepted offer of judgment.

What happened

In Miguelina Miranda De Santos v. Excelente Gil Cafeteria & Restaurant Corp., the court was told that the parties had reached a settlement in principle. The order did not state that the settlement was final.

The court postponed the trial, which had been scheduled for January 15, 2024, without setting a new date. It also postponed all related deadlines and required the parties to provide a settlement-status update by January 3, 2024, unless they filed settlement materials or an accepted offer of judgment sooner.

Judge John P. Cronan entered the order on December 21, 2023. The order addressed the schedule and settlement reporting; it did not decide the underlying claims.

The detailed version

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

Case
Miranda De Santos v. Excelente Gil Cafeteria & Restaurant Corp. · No. 1:22-cv-03458
Judge
John Cronan
Date
Dec. 21, 2023

Background

The court stated that it had been informed that the parties had reached a settlement in principle. The opinion does not provide the settlement’s terms or state that the parties had completed a final settlement.

Court’s Order

Because of the reported settlement in principle, the court adjourned—postponed without setting a new date—the trial scheduled to begin on January 15, 2024. It also adjourned all associated deadlines.

The parties were ordered to submit a letter by January 3, 2024, informing the court about the settlement’s status. That letter was not required if, before January 3, the parties filed settlement materials under Cheeks v. Freeport Pancake House or filed an acceptance of an offer of judgment under Federal Rule of Civil Procedure 68.

Disposition and Effect

This was a scheduling and settlement-status order. It did not resolve the merits of the parties’ claims or state that the case had been dismissed or finally settled. Judge John P. Cronan signed the order.

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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