Abbey v. United Healthcare Insurance Company of New York
- Valerie Caproni
- 1:24-cv-01275
- U.S. District Court · Southern District of New York
- 2
Abbey v. UnitedHealthcare: Judge Caproni dismissed the settled case with prejudice, without costs or fees, and closed it.
Diane Abbey and UnitedHealthcare Insurance Company of New York and UnitedHealthcare Insurance Company; the case was closed after the parties reported reaching an agreement.
What happened
In Abbey v. UnitedHealthcare Insurance Company of New York, the parties told the court that they had reached an agreement resolving all issues. The order does not describe the claims or the agreement’s terms.
The court canceled all scheduled conferences and deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party, directed the Clerk to terminate pending motions, and closed the case.
Judge Valerie Caproni also allowed the parties to apply within 30 days to reopen the case if they could show good cause. They could ask the court to retain authority to enforce their agreement only by submitting the agreement and a separate request within that same 30-day period.
The detailed version
- Abbey v. United Healthcare Insurance Company of New York · No. 1:24-cv-01275
- Valerie Caproni
- Aug. 19, 2024
Background
On August 19, 2024, the parties notified the court that they had reached an agreement on all issues. The order refers to the parties’ settlement agreement but does not state the underlying claims or the settlement’s terms.
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. “With prejudice” means the dismissal bars refiling the same case. The Clerk of Court was directed to terminate all open motions and close the case.
The order permits the parties to apply to reopen the case within 30 days. Such an application must show good cause for keeping the case open despite the settlement, and a request filed after 30 days or without a showing of good cause may be denied solely on that basis. If the parties want the court to retain jurisdiction—the authority to enforce the settlement agreement—they must, within the same 30-day period, submit the agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining that authority.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs or attorneys’ fees to either party, terminated the open motions, and closed the case. The order did not decide the underlying legal issues.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.