Samsung Plaintiff Has 30 Days to Ask Court to Restore Her Action, Says Order

Amid plaintiff Tiffany McDougall's notification to the court that she doesn’t intend to pursue her arbitration claims against Samsung at this time (see 2312050047), her case is dismissed “without costs and without prejudice,” said an order signed Wednesday (docket 1:23-cv-00168) by U.S. District Judge Lorna Schofield for Southern New York in Manhattan. McDougall may apply to restore her action to the court’s calendar within 30 days, “provided that she has commenced arbitration proceedings,” said the order. The judge granted Samsung's motion to compel McDougall's claims to arbitration on Oct. 3. Any application to reopen the case that McDougall files after 30 days “may be denied solely on that basis,” it said. All pending motions are denied as moot, and conferences are canceled, it said. McDougall bought her Galaxy S21 Ultra 5G smartphone with 128 gigabytes of storage in September 2021. She alleged Samsung misled her because part of the phone’s advertised 128 GB storage space is occupied by its operating system and preinstalled applications, leaving 101.4 GB of memory for users to store applications, photos, videos and music.