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S.D.N.Y.Procedural orderFiled June 17, 2024

McMillin v. Galbraith

Judge
Valerie Caproni
Docket
1:23-cv-10266
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In McMillin v. Galbraith, Judge Caproni dismissed the settled case with prejudice and without costs.

Who this affects

Leslie McMillin and Lynn Madison Galbraith

What happened

In McMillin v. Galbraith, the parties notified the court that mediation had produced an agreement resolving all issues.

The court canceled all scheduled conferences and deadlines, terminated all open motions, and directed the Clerk to close the case.

Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The parties could ask to reopen the case within 30 days by showing good cause, and could ask the court to retain jurisdiction to enforce their settlement by filing the settlement agreement and a related request within that period.

The detailed version

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

Case
McMillin v. Galbraith · No. 1:23-cv-10266
Judge
Valerie Caproni
Date
June 17, 2024

Background

The court was notified on June 14, 2024, that mediation had resulted in an agreement resolving all issues between Leslie McMillin and Lynn Madison Galbraith.

Court’s Action

The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The Clerk of Court was directed to terminate all open motions and close the case.

The order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open in light of the settlement. The order also stated that, if the parties wanted the court to retain authority to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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