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S.D.N.Y.Procedural orderFiled Sept. 13, 2024

Dunbar v. Little Rest LLC

Judge
Valerie Caproni
Docket
1:24-cv-00250
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Dunbar v. Little Rest LLC, Judge Caproni dismissed the settled case with prejudice and without costs.

Who this affects

Kirkpatrick Dunbar, Little Rest LLC, and 290 Elizabeth St LLC; the case was closed after the parties reached an agreement through mediation.

What happened

In Dunbar v. Little Rest LLC, the court was told that the parties had reached an agreement on all issues through mediation.

The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice, ordered that neither party pay costs or attorneys’ fees, terminated all open motions, and closed the case.

Judge Valerie Caproni allowed the parties to seek reopening within 30 days for good cause and explained that they could ask the court to retain authority to enforce their settlement by filing the agreement and a formal request within that period.

The detailed version

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

Case
Dunbar v. Little Rest LLC · No. 1:24-cv-00250
Judge
Valerie Caproni
Date
Sept. 13, 2024

Background

The court stated that, on September 11, 2024, it was notified through mediation that an agreement had been reached on all issues.

Ruling

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 was directed to terminate all open motions and close the case.

The order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement. The order also stated that, if the parties wanted the court to retain jurisdiction—meaning authority—to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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