AGCS Marine Insurance Company v. M/V IMABARI LOGGER
- Robert Lehrburger
- 1:22-cv-09283
- U.S. District Court · Southern District of New York
- 2
In AGCS Marine Insurance Company v. M/V IMABARI LOGGER, Judge Lehrburger dismissed the settled case without costs and terminated pending motions.
The plaintiffs, defendants, and parties to the settlement were affected: the action was dismissed, pending motions were terminated, and the case was closed, subject to the order's 30-day provisions.
What happened
In AGCS Marine Insurance Company v. M/V IMABARI LOGGER, the parties told the court that they had settled all claims in the case.
The court dismissed the action without costs, except as the settlement may provide. If the settlement was not completed within 30 days, either party could ask to restore the case during that period. Any pending motions were treated as moot and terminated.
Judge Robert W. Lehrburger also directed the clerk to cancel remaining conferences and deadlines and close the case. The order allowed the court to retain power to enforce the settlement only if the agreement was publicly filed and the court entered an order doing so within 30 days.
The detailed version
- AGCS Marine Insurance Company v. M/V IMABARI LOGGER · No. 1:22-cv-09283
- Robert Lehrburger
- July 1, 2025
Background
The parties advised the court that all claims asserted in the action had been settled. The opinion does not describe the claims or the settlement's terms.
Ruling
The court ordered that the action be dismissed without costs, except as the parties may have agreed in the settlement. The order did not state that the dismissal was with or without prejudice.
The dismissal was subject to a 30-day procedure: 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 calendar. Any application to reopen filed after that period could be denied solely because it was late.
The court also stated that it would retain jurisdiction to enforce the settlement agreement only if the agreement were filed publicly and a court order retaining jurisdiction were entered within the 30-day period. Pending motions were declared moot and were to be terminated. The clerk was directed to terminate all pending motions, cancel remaining conference dates and deadlines, and close the case.
Classification
This is a procedural order because the court dismissed the action after settlement without deciding the underlying claims. Judge Robert W. Lehrburger signed the order on July 1, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.