Perez v. City Of New York
- Valerie Caproni
- 1:18-cv-09532
- U.S. District Court · Southern District of New York
- 2
In Perez v. City of New York, Judge Caproni dismissed the settled case with prejudice and without costs, allowing a 30-day reopening application.
Marilyn Perez, the City of New York, the New York City Police Department, and Deputy Inspector Keith Walton.
What happened
In Perez v. City of New York, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the clerk to close the case. The parties could apply within 30 days to reopen it for good cause. They could also ask the court to retain authority to enforce their settlement by submitting the agreement and a request within that period.
Judge Valerie Caproni entered the order on December 4, 2019.
The detailed version
- Perez v. City Of New York · No. 1:18-cv-09532
- Valerie Caproni
- Dec. 4, 2019
Background
Marilyn Perez sued the City of New York, the New York City Police Department, and Deputy Inspector Keith Walton. On December 4, 2019, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the settlement's terms.
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.
The order allowed the parties to apply within 30 days to reopen the case. Such an application had to show good cause for keeping the case open in light of the settlement, and a late application or one lacking a good-cause showing could be denied on that basis. If the parties wanted the court to retain jurisdiction—that is, authority—to enforce the settlement agreement, they had to submit the agreement and a request for an order expressly retaining jurisdiction within the same 30-day period.
Disposition
The court dismissed the case with prejudice and without costs and closed the case, subject to the stated 30-day procedures. Judge Valerie Caproni signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.