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S.D.N.Y.Procedural orderFiled Jan. 30, 2020

Roldan v. Dupal Enterprises LLC

Judge
Ronnie Abrams
Docket
1:19-cv-07409
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Roldan v. Dupal Enterprises, Judge Abrams closed the settled case without prejudice to timely restoration.

Who this affects

Barbara Roldan and Dupal Enterprises LLC, doing business as Ceci Cela Patisserie, and Smart Realty LLC. The case was closed after the reported settlement, subject to a possible application to restore it within 30 days.

What happened

In Roldan v. Dupal Enterprises LLC, the court was told that the parties had settled the case.

The court discontinued the action without costs to either side and allowed a party to ask to restore it to the docket within 30 days. The court also closed the case and terminated the pending motion.

Judge Ronnie Abrams ordered that any settlement-enforcement jurisdiction request must be placed on the public record and approved by the court within the same 30-day period. The order did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Roldan v. Dupal Enterprises LLC · No. 1:19-cv-07409
Judge
Ronnie Abrams
Date
Jan. 30, 2020

Background

The opinion states that the case had been reported settled. It does not describe the underlying claims or the terms of the settlement.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court's docket if an application was made within 30 days. It stated that an application to reopen filed after that period could be denied solely because it was late.

The court also stated that, if the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the agreement's terms had to be placed on the public record and approved by the court within the same 30-day period. The clerk was directed to terminate the motion at Docket Entry 22 and close the case.

Effect

The order ended the case based on the reported settlement and did not resolve the underlying legal claims. Judge Ronnie Abrams issued the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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