Jimenez v. Culprit Underwear LLC

Full title: VANESSA JIMENEZ, individually and on behalf of all others similarly…

Court: United States District Court, S.D. New York

CASE NO: 1:23-cv-6556-GHW

Date published: Oct 30, 2023

Fact:

The parties involved in the case have settled, as confirmed by a letter dated October 30, 2023.

Issue:

The issue is whether the settlement agreement will be finalized and whether the case will be discontinued or restored to the active calendar of the Court.

Decision:

The Court orders that the action be conditionally discontinued without prejudice and without costs. However, the parties have sixty (60) days to submit their own Stipulation of Settlement and Dismissal. If the settlement is not consummated within this period, the Plaintiff may apply for restoration of the action to the active calendar of the Court. Upon such application, the Court will reinstate the action to its active docket and schedule remaining pretrial proceedings and/or dispositive motions as appropriate. If the Plaintiff does not request restoration within the 60-day period, the Order will be deemed a final discontinuance of the action with prejudice. Additionally, the Court clarifies that it will not retain jurisdiction to enforce confidential settlement agreements unless the terms are placed on the public record. The Clerk of Court is directed to take administrative actions to terminate pending motions, adjourn remaining dates, and close the case.

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