Rivas v. CTown Supermarket
- Valerie Caproni
- 1:19-cv-06279
- U.S. District Court · Southern District of New York
- 2
In Rivas v. C Town Supermarket, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing limited reopening requests.
Denis Rivas and the defendants, C Town Supermarket, Jose Beltre, and Juan Marte. The case was dismissed with prejudice and without costs, including attorneys’ fees, but the parties could seek reopening within 30 days by showing good cause and could request that the court retain authority to enforce their settlement.
What happened
In Rivas v. C Town Supermarket, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the clerk to close the case.
Judge Caproni allowed the parties to seek reopening within 30 days if they showed good cause, and said they could request continued court authority to enforce their settlement by filing the agreement and a separate request within that period.
The detailed version
- Rivas v. CTown Supermarket · No. 1:19-cv-06279
- Valerie Caproni
- Jan. 17, 2020
Background
On January 15, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.
Court’s Order
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. The clerk 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, and a late application or one without a showing of good cause could be denied on that basis. If the parties wanted the court to retain jurisdiction—continuing authority—to enforce the settlement agreement, they had to file the agreement and request an order expressly retaining 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.