Volfman v. Clinton East Corp.
- Valerie Caproni
- 1:24-cv-01899
- U.S. District Court · Southern District of New York
- 2
In Volfman v. Clinton East Corp., Judge Caproni dismissed the settled case with prejudice and without costs.
Joseph Volfman, Clinton East Corp. d/b/a Omar’s Rum Bar, and 29 Clinton Street Associates, L.P.; the case was closed after the parties reported reaching a settlement.
What happened
In Volfman v. Clinton East Corp., the parties told the court that they had reached an agreement resolving all issues through mediation.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice, ordered that neither side pay costs or attorneys’ fees, terminated open motions, and closed the case. The opinion does not describe the settlement’s terms.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause. Within that period, they could also ask the court to retain authority to enforce their settlement by submitting the agreement and a request for that authority.
The detailed version
- Volfman v. Clinton East Corp. · No. 1:24-cv-01899
- Valerie Caproni
- Aug. 9, 2024
Background
On August 8, 2024, the court was notified through mediation that the parties had reached an agreement on all issues. The opinion does not provide the settlement’s terms or describe the underlying claims.
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.
Reopening and Settlement Enforcement
The parties were given 30 days from the order to apply to reopen the case. Any such application had to show good cause for keeping the case open despite the settlement and had to be filed within 30 days. A late application or one without a showing of good cause could be denied on that basis alone.
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 under Rule 7.A of the court’s Individual Practices 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.