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S.D.N.Y.Procedural orderFiled Dec. 13, 2019

Barnard v. TIAA Board of Overseers

Judge
Ronnie Abrams
Docket
1:19-cv-01074
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Barnard v. TIAA Board of Directors, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

The parties to the settled action. The case was closed, subject to a possible application to restore it within 30 days; any request for the court to retain authority to enforce the settlement also had to be made within that period and placed on the public record.

What happened

Barnard v. TIAA Board of Directors involved Tyler Barnard and the named defendants. The court was informed that the case had been settled.

The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The court also directed the Clerk of Court to close the case.

Judge Ronnie Abrams stated that any request to retain jurisdiction to enforce the settlement had to be placed on the public record and approved by the court within the same 30-day period.

The detailed version

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

Case
Barnard v. TIAA Board of Overseers · No. 1:19-cv-01074
Judge
Ronnie Abrams
Date
Dec. 13, 2019

Background

The opinion states that the court was informed that the case had been settled. The caption identifies Tyler Barnard as the plaintiff and TIAA Board of Directors, TIAA-CREF Individual & Institutional Services LLC, and Meghan Shea, individually and in her official capacity, as defendants.

Court’s Action

The court 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 to enforce the settlement agreement, the agreement’s 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.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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