Walker v. National Railroad Passenger Corporation
- Robert Lehrburger
- 1:23-cv-06394
- U.S. District Court · Southern District of New York
- 2
In Walker v. National Railroad Passenger Corporation, Magistrate Judge Lehrburger dismissed the settled action without costs, subject to possible reopening within 30 days.
Kenneth Walker and National Railroad Passenger Corporation; the order also terminated pending motions, vacated remaining deadlines and conference dates, and closed the case.
What happened
In Walker v. National Railroad Passenger Corporation, the parties advised the court that all claims had been settled.
The order did not decide the underlying claims. It dismissed the action without costs, except as the settlement might provide, and made pending motions moot.
Magistrate Judge Robert W. Lehrburger allowed either party to ask to restore the case within 30 days if the settlement was not completed, and directed the Clerk to close the case.
The detailed version
- Walker v. National Railroad Passenger Corporation · No. 1:23-cv-06394
- Robert Lehrburger
- Feb. 24, 2025
Background
Kenneth Walker sued National Railroad Passenger Corporation. The parties advised the court that all claims in the action had been settled.
Ruling
The court ordered that the action be dismissed without costs, except as the parties might agree in the settlement. The order did not state that the dismissal was with or without prejudice.
The court provided that, if the settlement was not completed within 30 days of the order, either party could apply by letter during that period to restore the action to the court’s calendar. Any application to reopen filed after that 30-day period could be denied solely because it was late. The court also stated that the settlement agreement would have to be filed publicly, and a court order entered within the 30-day period, if the parties wanted the court to retain authority to enforce the settlement.
The court ruled that any pending motions were moot, directed the Clerk of Court to terminate them, vacated the remaining conference dates and other deadlines, and closed the case. Magistrate Judge Robert W. Lehrburger signed the order on February 24, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.