Mercer v. The Beachcomber Villas, Inc.
- Valerie Caproni
- 1:19-cv-07254
- U.S. District Court · Southern District of New York
- 2
Mercer v. Beachcomber Villas, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing limited applications to reopen or retain enforcement jurisdiction.
Stacey Mercer and The Beachcomber Villas, Inc.; the order canceled the case’s scheduled conferences and deadlines, terminated open motions, closed the case, and set conditions for any request to reopen it or retain jurisdiction to enforce the settlement.
What happened
In Mercer v. The Beachcomber Villas, Inc., the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines and dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The clerk was directed to terminate open motions and close the case.
Judge Valerie Caproni also allowed the parties 30 days to seek reopening for good cause or to ask the court to retain jurisdiction to enforce their settlement agreement, subject to specified filing requirements.
The detailed version
- Mercer v. The Beachcomber Villas, Inc. · No. 1:19-cv-07254
- Valerie Caproni
- Jan. 21, 2020
Background
On January 17, 2020, Stacey Mercer and The Beachcomber Villas, Inc. notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the underlying claims or the settlement’s terms.
Court’s Action
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.
Possible Further Court Action
Within 30 days, the parties could apply to reopen the case. Any such application had to show good cause for keeping the case open despite the settlement and had to be filed within that 30-day period. The order states that a late request or one lacking a showing of good cause could be denied on that basis alone.
The parties could also ask the court to retain jurisdiction to enforce their settlement agreement. To do so, they had to submit the settlement agreement and a request for an order expressly retaining jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, directed that it be closed, and provided the stated 30-day procedures for seeking reopening or retention of jurisdiction to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.