Calcano v. ADR Restaurant Inc.
- Ronnie Abrams
- 1:19-cv-09603
- U.S. District Court · Southern District of New York
- 1
In Calcano v. ADR Restaurant, Judge Abrams required public filing of the full settlement for possible continued court jurisdiction.
Marcos Calcano and ADR Restaurant Inc., who were parties to the proposed voluntary dismissal and settlement.
What happened
In Calcano v. ADR Restaurant Inc., the parties filed a voluntary-dismissal agreement and asked the court to keep overseeing the case and the parties until January 17, 2022, solely to enforce obligations in Section 2(C).
The court noted that the filing included only the text of Section 2(C), not the entire settlement agreement. It said the full agreement would have to be placed on the public record and approved by the court if the parties wanted the court to retain jurisdiction.
Judge Abrams gave the parties until February 14, 2020, to submit the complete agreement. The order did not state that the court retained jurisdiction or that the case was dismissed.
The detailed version
- Calcano v. ADR Restaurant Inc. · No. 1:19-cv-09603
- Ronnie Abrams
- Feb. 7, 2020
Background
On February 6, 2020, the parties filed a stipulation of voluntary dismissal. They asked the court to retain jurisdiction over the parties and the action until January 17, 2022, for the sole purpose of enforcing their obligations under Section 2(C) of their settlement agreement. The stipulation included only the text of Section 2(C), rather than the entire settlement agreement.
Court’s Analysis
The court explained that, if the parties wanted it to retain jurisdiction, the complete settlement agreement had to be placed on the public record and approved by the court. The court cited Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015), for that requirement.
Order
The court gave the parties until February 14, 2020, to submit the entire settlement agreement if they wanted the court to consider retaining jurisdiction. The opinion does not state that the court ultimately retained jurisdiction, entered the requested dismissal, or approved the settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.