Fischler v. Tacombi Holding NA, LLC
- Valerie Caproni
- 1:19-cv-08473
- U.S. District Court · Southern District of New York
- 2
In Fischler v. Tacombi Holding NA, LLC, Judge Caproni dismissed the settled case with prejudice and without costs.
The dismissal affected Brian Fischler and Tacombi Holding NA, LLC and Fonda Nolita, LLC, doing business as Tacombi. The case was closed, subject to the order’s 30-day provisions concerning reopening and possible enforcement of the settlement agreement.
What happened
Fischler v. Tacombi Holding NA, LLC involved Brian Fischler and the defendants Tacombi Holding NA, LLC and Fonda Nolita, LLC, doing business as Tacombi. The opinion does not describe the underlying claims.
The parties told the court they had reached an agreement in principle resolving all issues. The court therefore canceled scheduled conferences and other deadlines.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, terminated open motions, and closed the case. The parties had 30 days to seek reopening for good cause or ask the court to retain jurisdiction to enforce their settlement agreement, subject to the order’s requirements.
The detailed version
- Fischler v. Tacombi Holding NA, LLC · No. 1:19-cv-08473
- Valerie Caproni
- Jan. 14, 2020
Background
Brian Fischler brought this case individually and on behalf of other similarly situated persons against Tacombi Holding NA, LLC and Fonda Nolita, LLC, doing business as Tacombi. The opinion does not state the underlying claims or provide the settlement terms.
Ruling
On January 14, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The court canceled all previously scheduled conferences and other deadlines.
Judge Valerie Caproni ordered that the case be dismissed with prejudice and without costs, including attorneys’ fees, to either party. The Clerk was directed to terminate all open motions and close the case.
Settlement-Related Provisions
The order allowed the parties to apply to reopen the case within 30 days, but the application had to show good cause for keeping the case open in light of the settlement. A request filed after 30 days or without a showing of good cause could be denied on that basis alone. The parties could also ask the court to retain jurisdiction to enforce the settlement agreement, but they had to submit the agreement and request that the court expressly retain 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.