Doncouse v. Elymar Restaurant Corporation
- Valerie Caproni
- 1:24-cv-03327
- U.S. District Court · Southern District of New York
- 2
In Doncouse v. Elymar, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening application.
Graciela Doncouse, Elymar Restaurant Corporation, and West 50th St. Associates, L.L.C.; the case was closed after the parties reported reaching an agreement on all issues.
What happened
In Doncouse v. Elymar Restaurant Corporation, the parties told the court that they had reached an agreement on all issues. The opinion does not describe the agreement’s terms.
The court canceled all previously scheduled conferences and deadlines and dismissed the case with prejudice and without costs, including attorneys’ fees. The Clerk was directed to terminate all open motions and close the case.
Judge Valerie Caproni allowed the parties to apply within 30 days to reopen the case if they showed good cause. The parties could also ask the court to retain jurisdiction to enforce their settlement by submitting the agreement and a request within that same period.
The detailed version
- Doncouse v. Elymar Restaurant Corporation · No. 1:24-cv-03327
- Valerie Caproni
- Aug. 28, 2024
Background
Plaintiff Graciela Doncouse sued Elymar Restaurant Corporation and West 50th St. Associates, L.L.C. On August 21, 2024, the parties notified the court that they had reached an agreement on all issues. The opinion does not state the agreement’s terms.
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. The Clerk of Court was directed to terminate all open motions and close the case.
Reopening and Settlement Enforcement
The parties may apply to reopen the case within 30 days of the order. Any such application must show good cause for keeping the case open in light of the settlement. An application filed after 30 days, or filed without a showing of good cause, may be denied on that basis alone.
If the parties want the court to retain jurisdiction—the court’s authority—to enforce their settlement agreement, they must, within the same 30-day period, submit the agreement under Rule 7.A of the court’s Individual Practices and ask the court to issue an order expressly retaining jurisdiction. Judge Valerie Caproni entered the order on August 28, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.