Duncan v. 38 West 26th Street Restaurant Corp.
- Valerie Caproni
- 1:19-cv-07926
- U.S. District Court · Southern District of New York
- 2
In Duncan v. 38 West 26th Street Restaurant Corp., Judge Caproni dismissed the settled case with prejudice and without costs.
The parties to Duncan v. 38 West 26th Street Restaurant Corp., including Eugene Duncan and 38 West 26th Street Restaurant Corp., were affected by the settlement-based dismissal and the 30-day procedures for reopening or retaining authority to enforce the settlement.
What happened
In Duncan v. 38 West 26th Street Restaurant Corp., the parties told the court that they had reached an agreement in principle resolving all issues.
The court cancelled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, terminated open motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause or to ask the court to retain authority to enforce their settlement agreement, subject to stated filing requirements.
The detailed version
- Duncan v. 38 West 26th Street Restaurant Corp. · No. 1:19-cv-07926
- Valerie Caproni
- Feb. 13, 2020
Background
On February 12, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the underlying claims or the settlement’s terms.
Order
The court cancelled 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 to apply to reopen the case. The application had to show good cause for keeping the case open despite the settlement, and requests filed after 30 days or without a showing of good cause could be denied on that basis alone. If the parties wanted the court to retain jurisdiction—that is, authority—to enforce the settlement agreement, they had to submit the 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.