Duncan v. Blackfield Office Suites 1 LLC
- Valerie Caproni
- 1:19-cv-03332
- U.S. District Court · Southern District of New York
- 2
In Duncan v. Blackfield Office Suites 1 LLC, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening request.
Eugene Duncan, the other persons he sought to represent, and Blackfield Office Suites 1 LLC.
What happened
Duncan v. Blackfield Office Suites 1 LLC involved Eugene Duncan and the other persons he sought to represent against Blackfield Office Suites 1 LLC. The parties told the court that they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the Clerk to close the case and terminate pending motions. For 30 days, the parties could ask to reopen the case by showing good cause related to their agreement.
Judge Valerie Caproni issued the order. She also stated that the parties had to submit their agreement and request an express order if they wanted the court to retain authority to enforce it.
The detailed version
- Duncan v. Blackfield Office Suites 1 LLC · No. 1:19-cv-03332
- Valerie Caproni
- Dec. 12, 2019
Background
Eugene Duncan brought the case against Blackfield Office Suites 1 LLC on behalf of himself and other persons similarly situated. The opinion states that, on December 12, 2019, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the agreement’s terms.
Court’s 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 of Court was directed to terminate all open motions and close the case.
The parties could apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the parties’ agreement. The order states that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.
If the parties wanted the court to retain jurisdiction—that is, authority—to enforce their agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period. Judge Valerie Caproni issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.