Jones v. Lennys Shoe & Apparel, Inc.
- Vyskocil
- 1:23-cv-07969
- U.S. District Court · Southern District of New York
- 1
In Jones v. Lennys Shoe & Apparel, Inc., Judge Vyskocil discontinued the action after a settlement in principle, subject to restoration by February 9, 2024.
The plaintiff, Damon Jones, and the defendant, Lennys Shoe & Apparel, Inc.; the action was discontinued subject to the settlement-related conditions in the order.
What happened
Jones v. Lennys Shoe & Apparel, Inc. was before the Southern District of New York after the defendant informed the court that the parties had 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 case had to be made by February 9, 2024; otherwise, the dismissal would be with prejudice. The court also adjourned the scheduled initial pretrial conference.
Judge Mary Kay Vyskocil entered the order on January 10, 2024. The opinion does not decide the underlying claims.
The detailed version
- Jones v. Lennys Shoe & Apparel, Inc. · No. 1:23-cv-07969
- Vyskocil
- Jan. 10, 2024
Background
The court received a letter from Lennys Shoe & Apparel, Inc. stating that the parties had reached a settlement in principle.
Ruling
The court ordered that the action be discontinued without costs to any party. The dismissal was without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by February 9, 2024.
The order states that if no restoration application was made by that date, the dismissal would be with prejudice. Any request for an extension had to be made by letter filed electronically at least 48 hours before the deadline. The court also adjourned the initial pretrial conference scheduled for January 19, 2024, at 3:00 p.m. The opinion does not resolve the underlying claims.
Effect
The order paused and discontinued the case based on the reported settlement in principle, while preserving a limited opportunity to restore it if the settlement was not put in writing. Judge Mary Kay Vyskocil entered the order on January 10, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.