Tumpowsky v. HL Group Partners, LLC
- Valerie Caproni
- 1:19-cv-07300
- U.S. District Court · Southern District of New York
- 2
In Tumpowsky v. HL Group Partners, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day request to reopen.
The plaintiff and defendants were affected because the court dismissed their case with prejudice, imposed no costs or attorneys’ fees on either side, canceled scheduled proceedings, and closed the case. They retained a 30-day opportunity to seek reopening for good cause or request that the court retain authority to enforce their settlement.
What happened
In Tumpowsky v. HL Group Partners, LLC, the court said the parties reached an agreement in principle resolving all issues after court-ordered mediation. The opinion does not describe the agreement’s terms or the underlying claims.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs or attorneys’ fees to either party, terminated pending motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause. During that period, they could also ask the court to retain authority to enforce their settlement by submitting the agreement and a specific request for continued jurisdiction.
The detailed version
- Tumpowsky v. HL Group Partners, LLC · No. 1:19-cv-07300
- Valerie Caproni
- Feb. 5, 2020
Background
The court received a mediator’s final report stating that the parties reached an agreement in principle resolving all issues after court-ordered mediation. The opinion does not state the settlement’s terms or explain the underlying claims.
Order
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 parties were given 30 days from the order to apply to reopen the case. Any such application had to show good cause for keeping the case open in light of the settlement. The order states that a request filed after 30 days, or without a showing of good cause, could be denied solely for that reason.
The parties could also ask the court to retain jurisdiction—legal authority—to enforce the settlement agreement. To do so, they had to submit the settlement agreement and request an order expressly retaining that authority within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.