Nachshen v. ESRT 10 Union Square, L.L.C.
- Valerie Caproni
- 1:19-cv-00632
- U.S. District Court · Southern District of New York
- 2
In Nachshen v. ESRT 10 Union Square, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening application.
Steven Nachshen, ESRT 10 Union Square, L.L.C., and Panera, LLC; the case was dismissed with prejudice without costs, including attorneys’ fees, and closed.
What happened
Nachshen v. ESRT 10 Union Square, L.L.C. and Panera, LLC involved an agreement in principle that resolved all issues between the parties.
After the parties notified the court of the agreement, the court canceled all scheduled conferences and other deadlines. The order does not describe the underlying claims or the settlement’s terms.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, terminated all open motions, and closed the case. The parties may apply within 30 days to reopen it for good cause, and they may ask the court within that period to retain jurisdiction to enforce their settlement agreement.
The detailed version
- Nachshen v. ESRT 10 Union Square, L.L.C. · No. 1:19-cv-00632
- Valerie Caproni
- Feb. 7, 2020
Background
On February 6, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not state the nature of the underlying claims or the terms of the agreement.
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.
Reopening and Settlement Enforcement
The parties may apply within 30 days to reopen the case. The application must show good cause for keeping the case open despite the settlement, and a request filed after 30 days or without a showing of good cause may be denied on that basis alone.
If the parties want the court to retain authority to enforce their settlement agreement, they must submit the agreement to the court 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 closed the case. The order did not decide the underlying legal claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.