D'Arrigo Bros Co. of New York, Inc. v. JHJW INC.
- Ronnie Abrams
- 1:19-cv-10540
- U.S. District Court · Southern District of New York
- 1
In D’Arrigo Bros v. JHJW, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.
D’Arrigo Bros Co. of New York, Inc. and the defendants named in the case caption, including JHJW INC.
What happened
D’Arrigo Bros Co. of New York, Inc. v. JHJW INC. was a case in which the court was told that the parties had settled in principle.
The opinion does not describe the underlying claims or the settlement’s terms.
Judge Ronnie Abrams ordered the action discontinued without costs to any party and without prejudice to restoring it within 30 days, and directed the Clerk to close the case.
The detailed version
- D'Arrigo Bros Co. of New York, Inc. v. JHJW INC. · No. 1:19-cv-10540
- Ronnie Abrams
- Jan. 14, 2020
Background
The court stated that it had been informed that the case had been settled in principle. The opinion does not identify the claims or provide the terms of the proposed settlement.
Ruling
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore was made within 30 days. It stated that an application to reopen filed after that period could be denied solely because it was late. The court also stated that, if the parties wanted the court to retain jurisdiction 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 30-day period. The Clerk of Court was directed to close the case.
Effect
This order ended the case on the court’s docket based on the reported settlement, but it did not decide the underlying claims. The order did not award costs to any party.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.