Ferber v. Hourglass Holdings, Inc.
- Valerie Caproni
- 1:24-cv-01744
- U.S. District Court · Southern District of New York
- 2
In Ferber v. Hourglass Holdings, Judge Caproni dismissed the settled case with prejudice and without costs, while permitting a 30-day reopening request.
Matthew L Ferber, Hourglass Holdings, Inc. doing business as BOKA, and 9 St. Marks Place, Inc.
What happened
In Ferber v. Hourglass Holdings, Inc., the parties told the court that they had reached an agreement resolving all issues. The order does not describe the agreement’s terms.
Judge Caproni canceled all previously scheduled conferences and deadlines. The court also directed the clerk to terminate all open motions and close the case.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. Within 30 days, the parties could ask to reopen the case by showing good cause; they could also ask the court to retain authority to enforce their settlement if they submitted the agreement and a proper request within that period.
The detailed version
- Ferber v. Hourglass Holdings, Inc. · No. 1:24-cv-01744
- Valerie Caproni
- Aug. 5, 2024
Background
On August 2, 2024, the parties notified the court that they had reached an agreement on all issues. The order does not provide the settlement’s terms or explain the underlying claims.
Order
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. “With prejudice” means the dismissal bars the parties from bringing the same case again. The clerk was directed to terminate all open motions and close the case.
Reopening and Settlement Enforcement
Within 30 days of the order, the parties could apply to reopen the case by showing good cause for keeping it open despite the settlement. The order states that a request filed after 30 days or without a showing of good cause may be denied on that basis alone. 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.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.