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S.D.N.Y.Procedural orderFiled Dec. 4, 2019

Morgan v. Ales Group U.S.A. Inc.

Judge
Valerie Caproni
Docket
1:19-cv-07324
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Morgan v. Ales Group U.S.A. Inc., Judge Caproni dismissed the settled case with prejudice and without costs.

Who this affects

Jon R. Morgan, the putative class members, and Ales Group U.S.A. Inc.

What happened

In Morgan v. Ales Group U.S.A. Inc., the parties told the court that they had reached an agreement in principle resolving all issues. The court canceled previously scheduled conferences and deadlines.

The court dismissed the case with prejudice and without costs, including attorneys’ fees. It also directed the clerk to terminate open motions and close the case.

Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause. Within that period, they could also ask the court to retain jurisdiction to enforce their settlement agreement by submitting the agreement and a proper request.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Morgan v. Ales Group U.S.A. Inc. · No. 1:19-cv-07324
Judge
Valerie Caproni
Date
Dec. 4, 2019

Background

Jon R. Morgan brought the case on behalf of himself and others similarly situated against Ales Group U.S.A. Inc. On November 21, 2019, the parties notified the court that they had reached an agreement in principle resolving all issues.

Order

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 was directed to terminate all open motions and close the case.

Possible Reopening and Settlement Enforcement

The parties could apply to reopen the case within 30 days of the order. Any such application had to show good cause for keeping the case open despite the 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 order also stated that, if the parties wanted the court to retain jurisdiction to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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