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S.D.N.Y.Procedural orderFiled Feb. 19, 2020

Jinno International Co. v. J.B.S., Limited

Judge
Ronnie Abrams
Docket
1:19-cv-08490
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Jinno International Co. v. J.B.S., Judge Ronnie Abrams discontinued the action after a settlement was reported in principle without costs, allowing restoration within 60 days.

Who this affects

Jinno International Co. and J.B.S., Limited. Their action was discontinued without costs, with possible restoration if an application was made within 60 days.

What happened

In Jinno International Co. v. J.B.S., Limited, the court was told that the parties had settled in principle. The opinion does not describe the underlying dispute or settlement terms.

The court discontinued the action without costs to either party and without prejudice to restoring it if an application was made within 60 days. The clerk was directed to close the case, and the scheduled conference was postponed without a new date.

Judge Ronnie Abrams also stated that any request for the court to enforce a settlement would require the agreement’s terms to be placed on the public record and approved by the court within the stated 30-day period.

The detailed version

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

Case
Jinno International Co. v. J.B.S., Limited · No. 1:19-cv-08490
Judge
Ronnie Abrams
Date
Feb. 19, 2020

Background

The court stated that it had been informed that the parties had settled the case in principle. The order does not explain the underlying claims or provide the terms of the reported settlement.

Order

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. The order further stated that any application to reopen filed after that period could be denied solely because it was untimely.

The court also adjourned the scheduled post-discovery conference without setting a new date and directed the clerk to close the case.

Settlement Enforcement

The order stated that, if the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period identified in the order.

Disposition

The court discontinued the action and closed the case under the terms stated above. The order did not decide the merits of the parties’ underlying 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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