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S.D.N.Y.Procedural orderFiled Feb. 4, 2020

Bagarozzi v. New York City Department Of Education

Judge
Ronnie Abrams
Docket
1:18-cv-04893
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Bagarozzi v. New York City Department of Education, Judge Abrams closed the settled case without costs, allowing restoration within 30 days.

Who this affects

Marguerite Bagarozzi and the defendants—the New York City Department of Education, Shomari Skil, and Nathifa Morris—were affected by the discontinuance and 30-day deadline for restoring or reopening the action.

What happened

Bagarozzi v. New York City Department of Education was reported settled to the court. The opinion does not describe the settlement’s terms.

The court discontinued the case without costs to any party and without prejudice to restoring it if an application was made within 30 days. The Clerk was directed to close the case.

Judge Ronnie Abrams ordered that any request to reopen filed after 30 days could be denied solely because it was late. The parties could ask the court to retain authority to enforce the settlement only if they placed its terms on the public record and obtained the court’s approval within that period.

The detailed version

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

Case
Bagarozzi v. New York City Department Of Education · No. 1:18-cv-04893
Judge
Ronnie Abrams
Date
Feb. 4, 2020

Background

The court stated that it had been informed that the case had settled. The opinion does not provide the settlement’s terms or explain the underlying claims.

Disposition

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 to restore it was made within 30 days. It directed the Clerk of Court to close the case.

The order also stated that any application to reopen the action must be filed within 30 days of the order and that a later application could be denied solely because it was filed late. If the parties wanted the court to retain jurisdiction—meaning authority—to enforce the settlement agreement, they had to place the agreement’s terms on the public record and obtain the court’s approval within the same 30-day period. Judge Ronnie Abrams entered 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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