Porfolio3, LLC v. Land Services USA, LLC
- Valerie Caproni
- 1:24-cv-07434
- U.S. District Court · Southern District of New York
- 2
In Portfolio3 v. Land Services USA, Judge Caproni dismissed the settled case with prejudice, without costs, and canceled deadlines.
Portfolio3, LLC, Bourbon Sidecar, LLC, Bourbon Manhattan, LLC, Boulevardier Spritz, LLC, Teton Tanya, LLC, La Rosita, LLC, Dirty Banana, LLC, and Land Services USA, LLC; all scheduled conferences and deadlines were canceled, and neither party was awarded costs or attorneys’ fees.
What happened
Portfolio3, LLC and the other plaintiffs sued Land Services USA, LLC. The parties told the court they had reached an agreement on all issues.
The court canceled all scheduled conferences and other deadlines. It dismissed the case with prejudice, meaning the dismissal generally bars bringing the same case again, and ordered that neither side receive costs or attorneys’ fees.
Judge Valerie Caproni closed the case and terminated all open motions. The parties may ask to reopen it within 30 days if they show good cause, and they may ask the court to retain authority to enforce their settlement by submitting the agreement and a specific request within that period.
The detailed version
- Porfolio3, LLC v. Land Services USA, LLC · No. 1:24-cv-07434
- Valerie Caproni
- Nov. 26, 2024
Background
On November 25, 2024, the parties notified the Court that they had reached an agreement on all issues. The opinion does not state the terms of that agreement.
Ruling
Judge Valerie Caproni ordered that all previously scheduled conferences and other deadlines be canceled. The Court 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.
Possible Reopening and Settlement Enforcement
The parties may apply to reopen the case within 30 days of the order. Such an application must show good cause for keeping the case open in light of the settlement, and a request filed after 30 days or without a showing of good cause may be denied on that basis alone. If the parties want the Court to retain jurisdiction—legal 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.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.