Kuhmstedt v. Birchbox, Inc.
- Valerie Caproni
- 1:19-cv-08021
- U.S. District Court · Southern District of New York
- 2
In Kuhmstedt v. Birchbox, Judge Caproni dismissed the settled case with prejudice, without costs, and allowed a 30-day application to reopen for good cause.
Bernhard Kuhmstedt and Birchbox, Inc.; the order cancelled their scheduled proceedings, dismissed their case with prejudice without costs, and set conditions for any request to reopen or preserve enforcement jurisdiction.
What happened
In Kuhmstedt v. Birchbox, Inc., the parties told the court they had reached an agreement in principle resolving all issues.
The court cancelled scheduled conferences and deadlines, dismissed the case with prejudice and without costs or attorneys’ fees, terminated open motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to seek reopening by showing good cause; they could also ask the court to retain authority to enforce their settlement by filing the agreement and a request within that period.
The detailed version
- Kuhmstedt v. Birchbox, Inc. · No. 1:19-cv-08021
- 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 underlying claims or the terms of the agreement.
Orders Entered
The court cancelled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The Clerk of Court was directed to terminate all open motions and close the case.
Reopening and Settlement Enforcement
Within 30 days, the parties could apply to reopen the case. The application had to show good cause for keeping the case open in light of the settlement. The order states that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.
If the parties wanted the court to retain jurisdiction—the authority to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Result
The court dismissed the case with prejudice and without costs, cancelled the scheduled proceedings and deadlines, terminated the open motions, and closed the case. The order provided a 30-day procedure for seeking reopening or requesting continued jurisdiction to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.