Zelvin v. Diet Center Worldwide, Inc.
- Vyskocil
- 1:23-cv-11072
- U.S. District Court · Southern District of New York
- 1
In Zelvin v. Diet Center Worldwide, Inc., Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by June 10, 2024.
Lynn Zelvin, Diet Center Worldwide, Inc., and the other people identified in the complaint as similarly situated.
What happened
In Zelvin v. Diet Center Worldwide, Inc., Lynn Zelvin told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party and allowed it to be restored if the parties could not put their settlement in writing, provided they applied by June 10, 2024.
Judge Mary Kay Vyskocil ordered that if no application to restore the action was filed by that date, the dismissal would be with prejudice.
The detailed version
- Zelvin v. Diet Center Worldwide, Inc. · No. 1:23-cv-11072
- Vyskocil
- May 10, 2024
Background
Lynn Zelvin brought the action on behalf of himself and others described as similarly situated. The court received a letter from Zelvin stating that the parties had reached a settlement in principle.
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. Restoration was permitted if the parties were unable to memorialize, or put into writing, their settlement and if an application to restore the action was made by June 10, 2024. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice.
Effect
The opinion does not state the settlement’s terms or decide the underlying claims. The action was discontinued subject to the stated deadline and conditions.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.