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S.D.N.Y.Procedural orderFiled Dec. 12, 2019

Amaya v. The Manhattan Institute, Inc.

Judge
Valerie Caproni
Docket
1:19-cv-02068
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Amaya v. The Manhattan Institute, Judge Caproni dismissed the settled case with prejudice and without costs, permitting the parties to apply to reopen it within 45 days.

Who this affects

Alba Amaya, The Manhattan Institute, Inc., and Edward D. Schwartz.

What happened

In Amaya v. The Manhattan Institute, the parties told the court they had reached an agreement in principle.

The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, and directed the clerk to close it and terminate pending motions.

Judge Caproni allowed the parties 45 days to seek reopening for good cause or to ask the court to retain jurisdiction to enforce their settlement agreement, subject to specified filing requirements.

The detailed version

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

Case
Amaya v. The Manhattan Institute, Inc. · No. 1:19-cv-02068
Judge
Valerie Caproni
Date
Dec. 12, 2019

Background

The parties notified the court that they had reached an agreement in principle. The opinion does not describe the underlying claims or the settlement's terms.

What the Court Ordered

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 parties were permitted to apply to reopen the case within 45 days. Any such application had to show good cause for keeping the case open in light of the settlement. The court stated that a request filed after 45 days or without a showing of good cause could be denied on that basis alone.

The court also explained that, if the parties wanted it to retain jurisdiction—the authority to enforce the settlement agreement—they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 45-day period.

The authoritative version

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

Open opinion PDF →
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