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S.D.N.Y.Procedural orderFiled Apr. 29, 2024

August Image, LLC v. Know Selfcare, Inc.

Judge
Ronnie Abrams
Docket
1:24-cv-01734
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In August Image v. Know Selfcare, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 45 days.

Who this affects

August Image, LLC, Know Selfcare, Inc., and the other defendants identified as Does 1-10; the action was closed after the court was told it had been settled in principle.

What happened

August Image, LLC v. Know Selfcare, Inc. was reported to the court as settled in principle. The opinion does not describe the settlement’s terms.

The court discontinued the action without costs to any party and without prejudice to restoring it to the court’s docket if an application was made within 45 days. The clerk was directed to close the case.

Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to place the settlement’s terms on the public record and obtain the court’s approval within the period stated in the order.

The detailed version

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

Case
August Image, LLC v. Know Selfcare, Inc. · No. 1:24-cv-01734
Judge
Ronnie Abrams
Date
Apr. 29, 2024

Background

The court stated that it had been informed that August Image, LLC v. Know Selfcare, Inc. had been settled in principle. The opinion does not provide the settlement terms or describe the underlying claims.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 45 days. It stated that an application to reopen filed after that period could be denied solely because it was late. The clerk of court was directed to close the case.

The court further stated that, if the parties wanted the court to retain authority to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period stated in the order. The order therefore contains both a 45-day period for seeking restoration and a 30-day period concerning court retention of authority to enforce the settlement.

Disposition

Judge Ronnie Abrams discontinued the action without costs and directed the clerk to close the case, while allowing a timely application to restore it under the terms of 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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