Navigators Insurance Co. v. China Southern Airlines Company Ltd.
- Ronnie Abrams
- 1:19-cv-05426
- U.S. District Court · Southern District of New York
- 1
In Navigators Insurance Co. v. China Southern Airlines, Judge Abrams closed the settled case without costs, allowing restoration within 30 days.
Navigators Insurance Co., China Southern Airlines Company Ltd., and Schenker, Inc.; the case was closed, subject to the stated 30-day procedure for seeking restoration or court authority to enforce the settlement.
What happened
Navigators Insurance Co., as subrogor of Nordson Asymtek, sued China Southern Airlines Company Ltd. and Schenker, Inc. The opinion does not describe the underlying claims.
The court was informed that the parties had reached a settlement. It discontinued the case without costs to any party and without prejudice to restoring it to the docket if an application was made within 30 days.
Judge Ronnie Abrams directed the Clerk of Court to close the case. She also stated that any request for the court to retain authority to enforce the settlement had to place the settlement terms on the public record and obtain the court’s approval within the same 30-day period.
The detailed version
- Navigators Insurance Co. v. China Southern Airlines Company Ltd. · No. 1:19-cv-05426
- Ronnie Abrams
- Dec. 6, 2019
Background
Navigators Insurance Co., as subrogor of Nordson Asymtek, brought the action against China Southern Airlines Company Ltd. and Schenker, Inc. The opinion does not state the underlying claims or the settlement’s terms.
Settlement and Disposition
The court stated that it had been informed that the parties reached a settlement. It ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. The court warned that an application filed after that period could be denied solely because it was late.
The court further stated that, if the parties wanted the court to retain jurisdiction—meaning authority—to enforce the settlement agreement, the settlement terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.
Classification
This is a procedural order. The court discontinued the action based on the parties’ settlement and did not decide the underlying legal claims. Judge Ronnie Abrams signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.