O'Rourke v. Parajuli & Brothers, Inc.
- Valerie Caproni
- 1:19-cv-06083
- U.S. District Court · Southern District of New York
- 2
In O'Rourke v. Parajuli & Brothers, Judge Caproni dismissed the settled case with prejudice and without costs.
Christopher O’Rourke and Parajuli & Brothers, Inc.; the case was closed after the parties reported an agreement in principle, subject to the order’s 30-day provisions.
What happened
In O'Rourke v. Parajuli & Brothers, Inc., the parties told the court that they had reached an agreement in principle resolving all issues.
The court cancelled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs to either party, terminated all open motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause or to ask the court to retain authority to enforce their settlement agreement.
The detailed version
- O'Rourke v. Parajuli & Brothers, Inc. · No. 1:19-cv-06083
- Valerie Caproni
- Feb. 18, 2020
Background
On February 13, 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 terms of the agreement.
Court’s action
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 permitted to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open in light of the settlement. A request filed after 30 days or without a showing of good cause could be denied on that basis alone.
The order also stated that, if the parties wanted the court to retain jurisdiction—meaning 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.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs to either party, terminated the open motions, and directed that the case be closed. The order did not decide the underlying legal claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.