Jones v. By The Yard, Inc.
- Vyskocil
- 1:23-cv-09236
- U.S. District Court · Southern District of New York
- 1
In Jones v. By The Yard, Inc., Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by March 28, 2024.
Damon Jones, the people he sought to represent, and By The Yard, Inc.; the action was discontinued while the parties pursued a settlement in principle.
What happened
In Jones v. By The Yard, Inc., defense counsel told the court, with the plaintiffs’ lawyer’s consent, that the parties had reached a settlement in principle. Damon Jones brought the action on behalf of himself and others described as similarly situated.
The court ordered the action discontinued without costs to any party. The parties could ask to restore the action to the court’s calendar if they could not put their settlement into a written agreement, but that request had to be made by March 28, 2024.
Judge Mary Kay Vyskocil stated that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the action could not be reopened through that procedure. The order did not decide the underlying claims.
The detailed version
- Jones v. By The Yard, Inc. · No. 1:23-cv-09236
- Vyskocil
- Feb. 28, 2024
Background
Damon Jones sued By The Yard, Inc. on behalf of himself and others described in the complaint as similarly situated. The opinion does not describe the underlying claims.
Defense counsel sent the court a letter, with the consent of plaintiffs’ counsel, reporting that the parties had reached a settlement in principle. The opinion does not state the settlement’s terms or say that the parties had completed a written settlement agreement.
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 March 28, 2024.
The court further ordered that if no application to restore the action was made by that date, the dismissal would be with prejudice. The order did not resolve the merits of the underlying claims; it addressed the action’s status while the parties pursued their settlement.
Disposition
The action was discontinued without costs and subject to the stated restoration deadline. Judge Mary Kay Vyskocil signed the order on February 28, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.