Travelers Casualty & Surety Company of America v. Cohen, Weiss and Simon LLP
- Valerie Caproni
- 1:19-cv-07297
- U.S. District Court · Southern District of New York
- 2
In Travelers Casualty & Surety v. Cohen, Judge Caproni dismissed the settled case with prejudice and without costs, subject to possible reopening within 30 days.
The plaintiff and defendants were affected: the case was dismissed with prejudice and without costs to either party, and the parties had 30 days to seek reopening or ask the court to retain jurisdiction to enforce their settlement.
What happened
Travelers Casualty & Surety Company of America v. Cohen, Weiss and Simon LLP involved parties who told the court they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, terminated open motions, and closed the case. The parties could ask to reopen it within 30 days by showing good cause; they could also ask the court to retain power to enforce their settlement by submitting the agreement and a separate request within that period.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party.
The detailed version
- Travelers Casualty & Surety Company of America v. Cohen, Weiss and Simon LLP · No. 1:19-cv-07297
- Valerie Caproni
- Jan. 22, 2020
Background
The parties notified the court that they had reached an agreement in principle resolving all issues in the case. The order does not describe the settlement’s terms or the underlying claims.
Order
The court canceled all previously scheduled conferences and other deadlines. It directed the Clerk of Court to terminate all open motions and close the case.
The court dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. Within 30 days, the parties could apply to reopen the case by showing good cause for keeping it open despite their settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied on that basis alone.
The order also stated that, if the parties wanted the court to retain jurisdiction—the authority to enforce their settlement agreement—they had to submit the agreement and request an order expressly retaining jurisdiction 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 stated 30-day procedures for reopening or retaining jurisdiction to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.