Cox v. 360-364 Third Owner LLC
- Valerie Caproni
- 1:19-cv-06254
- U.S. District Court · Southern District of New York
- 2
In Cox v. 360-364 Third Owner LLC, Judge Caproni dismissed the settled case with prejudice and without costs, allowing limited reopening applications.
The parties, Prentice Cox and 360-364 Third Owner LLC, were affected by the dismissal, cancellation of deadlines, and settlement-related reopening requirements.
What happened
In Cox v. 360-364 Third Owner LLC, the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the claims or settlement terms.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, and directed the Clerk to close the case and terminate pending motions.
Judge Valerie Caproni allowed the parties to seek reopening within 30 days by showing good cause. They could also ask the court to retain authority to enforce their settlement by submitting the agreement and a jurisdiction request within that period.
The detailed version
- Cox v. 360-364 Third Owner LLC · No. 1:19-cv-06254
- Valerie Caproni
- Nov. 15, 2019
Background
The parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the underlying claims or provide the settlement terms.
Court’s action
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
Within 30 days, the parties could apply to reopen the case. The application had to show good cause for keeping the case open despite the settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied on that basis alone.
The parties could also ask the court to retain jurisdiction—that is, authority to enforce their settlement agreement. To do so, they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Disposition
The court dismissed the case with prejudice and without costs, closed the case, and terminated the open motions. The order did not decide the underlying legal claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.