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S.D.N.Y.Procedural orderFiled Mar. 26, 2024

Calcano v. Selkirk Sport, LLC

Judge
Vyskocil
Docket
1:23-cv-11313
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Calcano v. Sellkirk Sport, Judge Vyskocil discontinued the case after settlement talks, allowing restoration by April 26, 2024.

Who this affects

Marcos Calcano and Sellkirk Sport, LLC, the parties to the action.

What happened

In Calcano v. Sellkirk Sport, Marcos Calcano told 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.

Judge Mary Kay Vyskocil set April 26, 2024, as the deadline to request restoration; without such a request, the dismissal would be with prejudice.

The detailed version

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

Case
Calcano v. Selkirk Sport, LLC · No. 1:23-cv-11313
Judge
Vyskocil
Date
Mar. 26, 2024

Background The Court received a letter from Plaintiff Marcos Calcano stating that the parties had reached a settlement in principle.

Ruling The Court ordered that the action be discontinued without costs to either party and without prejudice to restoring the action to the Court’s calendar if the parties were unable to memorialize their settlement in writing. The application to restore the action had to be made by April 26, 2024. The order further stated that if no application was made by that date, the dismissal would be with prejudice.

Classification This is a procedural order because the Court discontinued the case based on the parties’ settlement in principle and did not decide the underlying claims.

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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