Sanabria v. A.T.S. Restaurant Corp.
- Valerie Caproni
- 1:19-cv-01843
- U.S. District Court · Southern District of New York
- 2
In Sanabria v. A.T.S. Restaurant, Judge Caproni dismissed the settled case with prejudice and without costs.
Salustiano Sanabria, A.T.S. Restaurant Corp., and 349 East 14 Street LLC; the case was closed under the parties’ settlement.
What happened
Salustiano Sanabria sued A.T.S. Restaurant Corp. and 349 East 14 Street LLC. On January 6, 2020, the parties told the court that they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, directed the clerk to close the case, and terminated all open motions.
Judge Valerie Caproni allowed the parties 30 days to ask to reopen the case for good cause. They could also ask the court to retain authority to enforce their settlement by filing the settlement agreement and a request within that same 30-day period.
The detailed version
- Sanabria v. A.T.S. Restaurant Corp. · No. 1:19-cv-01843
- Valerie Caproni
- Jan. 6, 2020
Background
The parties notified the court that they had reached an agreement in principle resolving all issues in the case.
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 permitted the parties to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the settlement; a late application or one without a showing of good cause could be denied on that basis.
The parties could also ask the court to retain jurisdiction—the court’s authority—to enforce their settlement agreement. To do so, they had to submit the agreement and a request for an order expressly retaining jurisdiction within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.