Fazzalari v. Altierre Corporation
- Ronnie Abrams
- 1:19-cv-07457
- U.S. District Court · Southern District of New York
- 1
In Fazzalari v. Altierre Corporation, Judge Ronnie Abrams discontinued the settled case without prejudice to timely restoration.
Jane Fazzalari and Altierre Corporation. The action was discontinued after settlement, with a 30-day period to seek restoration or request court enforcement of the settlement under the conditions stated in the order.
What happened
Fazzalari v. Altierre Corporation was a case between Jane Fazzalari and Altierre Corporation. The court was informed that the case had been settled.
The court discontinued the action without costs to either party and without prejudice to restoring it if a request was made within 30 days. It also postponed the initial conference indefinitely and directed the clerk to close the case.
Judge Ronnie Abrams entered the order on January 15, 2020. The order said that any request to have the court enforce the settlement had to place the settlement terms on the public record and receive the court’s approval within the same 30-day period.
The detailed version
- Fazzalari v. Altierre Corporation · No. 1:19-cv-07457
- Ronnie Abrams
- Jan. 15, 2020
Background
The court stated that it had been informed that the case had been settled. The opinion does not describe the underlying claims or the settlement’s terms.
Order
The court discontinued the action without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore the action was made within 30 days of the order. “Without prejudice” means that the order did not bar a timely request to restore the case. The court also adjourned the initial conference indefinitely and directed the clerk to close the case.
The court stated that any application to reopen filed after the 30-day period could be denied solely because it was late. It further stated that, if the parties wanted the court to retain jurisdiction—meaning authority to enforce the settlement agreement—the settlement terms had to be placed on the public record and approved by the court within that same 30-day period. The order did not decide the underlying dispute on its merits.
Judge and Disposition
Judge Ronnie Abrams signed the order on January 15, 2020. The action was discontinued as described above, and the case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.