Creque v. Beatty, Jr.
- Valerie Caproni
- 1:19-cv-09492
- U.S. District Court · Southern District of New York
- 2
In Creque v. Beatty, Jr., Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening application.
Alexander Creque and John Beatty, Jr., whose case was dismissed after they notified the court of an agreement in principle resolving all issues.
What happened
In Creque v. Beatty, Jr., the parties told the court that they had reached an agreement in principle resolving all issues.
The court cancelled all scheduled conferences and other deadlines, terminated open motions, and closed the case. It dismissed the case with prejudice and without costs, including attorneys’ fees.
Judge Valerie Caproni also said the parties could ask to reopen the case within 30 days if they showed good cause. They could seek continued court authority to enforce their agreement by submitting the agreement and a request within that period.
The detailed version
- Creque v. Beatty, Jr. · No. 1:19-cv-09492
- Valerie Caproni
- Jan. 21, 2020
Background
On January 17, 2020, Alexander Creque and John Beatty, Jr. notified the court that they had reached an agreement in principle resolving all issues in the case.
Order
The court cancelled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The Clerk of Court was directed to terminate all open motions and close the case.
The parties were allowed to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open in light of their settlement. The order states that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.
If the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and closed the case, subject to the order’s 30-day provisions for reopening the case or requesting retained jurisdiction to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.