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S.D.N.Y.Procedural orderFiled Feb. 11, 2020

Mota v. Markell Real Estate Group LLC

Judge
Ronnie Abrams
Docket
1:19-cv-06866
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Mota v. Markell Real Estate Group LLC, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 60 days.

Who this affects

Michelle Mota and defendants Markell Real Estate Group LLC, Mark Campbell, and Guy A Bell; the case was closed, but any party could seek restoration within 60 days.

What happened

Mota v. Markell Real Estate Group LLC was reported to have settled in principle. The opinion does not describe the settlement’s terms or decide the parties’ underlying claims.

The court discontinued the action without costs to any party and without prejudice to restoring it within 60 days. The court also adjourned the scheduled initial conference without setting a new date and directed the clerk to close the case.

Judge Ronnie Abrams ordered that any request to restore or reopen the case be filed within 60 days. The order also explained that the parties could ask the court to retain authority to enforce a settlement only if the agreement’s terms were placed on the public record and approved by the court during that period.

The detailed version

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

Case
Mota v. Markell Real Estate Group LLC · No. 1:19-cv-06866
Judge
Ronnie Abrams
Date
Feb. 11, 2020

Background

The court stated that it had been informed that the case had settled in principle. The opinion does not provide the settlement terms and does not resolve the underlying claims against Markell Real Estate Group LLC, Mark Campbell, or Guy A Bell.

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 60 days. It stated that an application filed after that period could be denied solely because it was late.

The court further ordered that the initial conference scheduled for February 14, 2020, be adjourned without a new date, and directed the clerk to close the case. If the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the order required the agreement’s terms to be placed on the public record and approved by the court within the same 60-day period.

Result

Judge Ronnie Abrams discontinued the action on the stated settlement-in-principle basis, without costs and without prejudice to a timely application to restore it. The court did not decide the merits of the dispute.

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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