Pereira v. Source Digital, Inc.
- Valerie Caproni
- 1:19-cv-01820
- U.S. District Court · Southern District of New York
- 2
In Pereira v. Source Digital, Inc., Judge Caproni dismissed the case with prejudice and without costs after the parties reported an agreement in principle.
Al Pereira and Source Digital, Inc.; the case was closed after the parties reported an agreement in principle.
What happened
Al Pereira sued Source Digital, Inc., and on November 19, 2019, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, terminated all open motions, and directed the Clerk of Court to close the case. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party.
Judge Valerie Caproni allowed the parties to apply within 30 days to reopen the case if they could show good cause. She also explained that the court could retain authority to enforce the settlement agreement only if the parties timely submitted the agreement and requested an order retaining that authority.
The detailed version
- Pereira v. Source Digital, Inc. · No. 1:19-cv-01820
- Valerie Caproni
- Nov. 20, 2019
Background
On November 19, 2019, Al Pereira and Source Digital, Inc. notified the court that they had reached an agreement in principle resolving all issues.
Ruling
The court ordered that all previously scheduled conferences and other deadlines be canceled. 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
The parties could apply to reopen the case within 30 days by showing good cause for keeping it open despite their settlement. The order stated that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.
The court also stated that, if the parties wanted the court to retain jurisdiction—the authority to enforce their settlement agreement—they had to submit the agreement and request an order expressly retaining that jurisdiction within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.