Guglielmo v. Mjic Inc.
- Ronnie Abrams
- 1:19-cv-11074
- U.S. District Court · Southern District of New York
- 1
In Guglielmo v. Mjic Inc., Judge Abrams dismissed the settled action with prejudice, subject to a 60-day restoration window.
Joseph Guglielmo, the people he sought to represent, and MJIC Inc. The case was closed after dismissal, subject to a possible timely request to restore it.
What happened
Guglielmo v. Mjic Inc. involved Joseph Guglielmo, who sued MJIC Inc. on behalf of himself and others described as similarly situated. The court was told that the case had been settled in principle.
The court dismissed the action with prejudice and directed the Clerk of Court to close the case. The parties could ask to restore the case to the court’s docket within 60 days of the order, and a later request could be denied solely because it was late.
Judge Ronnie Abrams also said that any request for the court to retain authority to enforce a settlement agreement had to place the agreement’s terms on the public record and obtain the court’s approval within the stated 30-day period.
The detailed version
- Guglielmo v. Mjic Inc. · No. 1:19-cv-11074
- Ronnie Abrams
- Jan. 7, 2020
Background
Joseph Guglielmo brought the action on behalf of himself and all others similarly situated against MJIC Inc. The opinion states that the Court was informed that the case had been settled in principle. It does not provide the settlement’s terms or describe the underlying claims.
Disposition
The Court ordered that the action be dismissed with prejudice. It also directed the Clerk of Court to close the case. The order permitted the parties to seek restoration of the action to the Court’s docket if they filed an application within 60 days. An application filed after that period could be denied solely because it was late.
The order further stated that, if the parties wanted the Court to retain jurisdiction—that is, continuing authority—to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the Court within the same stated 30-day period. The opinion cites Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.