McNeil, Jr. v. Merrick Bank
- Valerie Caproni
- 1:19-cv-11425
- U.S. District Court · Southern District of New York
- 2
In McNeil, Jr. v. Merrick Bank, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing limited reopening requests.
Paul McNeil Jr., Merrick Bank, and Equifax Information Services, LLC.
What happened
In McNeil, Jr. v. Merrick Bank and Equifax Information Services, LLC, the parties told the court that they had reached an agreement in principle resolving all issues. The court canceled scheduled conferences and deadlines.
The court dismissed the case with prejudice and without costs, including attorneys’ fees, terminated all open motions, and closed the case. The order did not decide the underlying claims.
Judge Valerie Caproni allowed the parties 30 days to ask to reopen the case for good cause. Within that period, they could also ask the court to retain authority to enforce their settlement agreement by submitting the agreement and a specific request.
The detailed version
- McNeil, Jr. v. Merrick Bank · No. 1:19-cv-11425
- Valerie Caproni
- Jan. 9, 2020
Background
On January 8, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the claims or the terms of the agreement.
Court’s Action
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. It directed the Clerk of Court to terminate all open motions and close the case.
The parties were given 30 days to apply to reopen the case. Any such application had to show good cause for keeping the case open despite the settlement and had to be filed within 30 days. The court stated that a request filed after 30 days or without a showing of good cause might be denied solely on that basis.
The order also stated that, if the parties wanted the court to retain jurisdiction—meaning authority to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and closed the case. The order resolved the case based on the parties’ reported agreement rather than deciding the underlying legal claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.