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S.D.N.Y.Procedural orderFiled Jan. 12, 2024

Clay v. Experian Information Solutions, Inc.

Judge
Vyskocil
Docket
1:23-cv-07562
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Clay v. Experian, Judge Vyskocil discontinued the action against Burlington after a settlement in principle, allowing restoration by February 12, 2024.

Who this affects

Jacqueline Clay and Burlington Stores, Inc. are directly affected. The order discontinued the action against Burlington only; it did not rule on the claims against the other defendants.

What happened

In Clay v. Experian Information Solutions, Inc., Jacqueline Clay told the court that she and Burlington Stores, Inc. had reached a settlement in principle.

The court discontinued the action against Burlington only, with no costs to either side. The case could be restored against Burlington if the parties could not put their settlement in writing and Clay applied to restore it by February 12, 2024.

Judge Mary Kay Vyskocil ordered that if no restoration request was made by February 12, 2024, the dismissal against Burlington would be with prejudice. The order did not rule on the claims against the other defendants.

The detailed version

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

Case
Clay v. Experian Information Solutions, Inc. · No. 1:23-cv-07562
Judge
Vyskocil
Date
Jan. 12, 2024

Background

Jacqueline Clay notified the court that she and Defendant Burlington Stores, Inc. had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement's terms.

Ruling

The court ordered that the action be discontinued against Burlington only, with no costs to either party. The order allowed Clay to seek restoration of the action against Burlington if the parties were unable to put their settlement in writing, provided that the request was made by February 12, 2024.

The court further ordered that if no restoration request was made by that date, the dismissal against Burlington would be with prejudice. The order did not dispose of the action against Experian Information Solutions, Inc., Equifax Information Services, LLC, Trans Union LLC, Kohls Department Stores, Inc., or Nissan North America, Inc.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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