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S.D.N.Y.Procedural orderFiled Aug. 22, 2024

McGucken v. Microsoft Corporation

Judge
Ronnie Abrams
Docket
1:24-cv-02578
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In McGucken v. Microsoft, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 45 days.

Who this affects

Elliot McGucken and Microsoft Corporation; the action was closed, subject to a possible application to restore or reopen it within 45 days.

What happened

McGucken v. Microsoft Corporation involved Elliot McGucken’s case against Microsoft Corporation. The court was told that the case had been settled in principle.

The court discontinued the action without costs to either party and without prejudice to restoring it to the court’s docket if an application was made within 45 days. The order did not address the underlying dispute.

Judge Ronnie Abrams directed the Clerk of Court to close the case. The order also stated that the parties could ask the court to retain authority to enforce a settlement only if the agreement’s terms were placed on the public record and approved by the court within the same 45-day period.

The detailed version

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

Case
McGucken v. Microsoft Corporation · No. 1:24-cv-02578
Judge
Ronnie Abrams
Date
Aug. 22, 2024

Background

The opinion states that the court was informed that the case had been settled in principle. It does not describe the claims, the settlement terms, or the underlying dispute.

Court’s Action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 45 days. The court stated that an application to reopen filed after that period could be denied solely because it was late.

The court further stated that, if the parties wanted the court to retain authority to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 45-day period. The Clerk of Court was directed to close the case.

What the Order Means

This was a procedural disposition based on the reported settlement in principle. The court did not decide the merits of McGucken’s claims or Microsoft Corporation’s defenses. Judge Ronnie Abrams signed the order on August 22, 2024.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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