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S.D.N.Y.Procedural orderFiled Jan. 31, 2020

Keith v. Sgt. William Hart

Judge
Valerie Caproni
Docket
1:17-cv-04477
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Keith v. Hart, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing limited requests to reopen.

Who this affects

Monterey Keith, Sgt. William Hart, and Det. Roger Savage. The case was closed with prejudice and without costs to either party, subject to the order’s 30-day procedures for seeking reopening or asking the court to retain jurisdiction to enforce the settlement.

What happened

In Keith v. Sgt. William Hart, Monterey Keith and the defendants notified the court that 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, terminated all 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 authority to enforce their settlement by submitting the agreement and a separate request.

Judge Valerie Caproni entered the order on January 31, 2020.

The detailed version

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

Case
Keith v. Sgt. William Hart · No. 1:17-cv-04477
Judge
Valerie Caproni
Date
Jan. 31, 2020

Background

Monterey Keith was the plaintiff, and Sgt. William Hart and Det. Roger Savage were the defendants. The parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement 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 of Court was directed to terminate all open motions and close the case.

The order allowed the parties to apply to reopen the case within 30 days. Any application had to show good cause for keeping the case open despite the settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.

The order also stated that, if the parties wanted the court to retain jurisdiction—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 directed that the case be closed. The order did not decide the underlying claims on their merits.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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