Bowen v. LSREF Orange Ops, LLC
- Valerie Caproni
- 1:19-cv-09656
- U.S. District Court · Southern District of New York
- 2
In Bowen v. LSREF Orange Ops, Judge Caproni dismissed the settled case with prejudice and without costs.
Daniel Bowen and LSREF Orange Ops (Cocoa), LLC d/b/a International Palms Resort and Conference Center; the case was closed after the parties reported an agreement in principle, subject to the order’s 30-day procedures for reopening or requesting retained authority to enforce the settlement.
What happened
In Bowen v. LSREF Orange Ops (Cocoa), LLC, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, terminated open motions, and closed the case. It also stated that the parties could ask to reopen the case within 30 days by showing good cause.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The parties could also ask the court within 30 days to retain authority to enforce their settlement agreement by submitting the agreement and a request for retained authority.
The detailed version
- Bowen v. LSREF Orange Ops, LLC · No. 1:19-cv-09656
- Valerie Caproni
- Feb. 20, 2020
Background
On February 20, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the settlement’s terms.
Order
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.
The order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement, and requests filed after 30 days or without that showing could be denied on that basis alone.
The parties could also ask the court to retain jurisdiction—meaning authority to enforce the settlement agreement—if they submitted the agreement and a request for an order expressly retaining that authority within the same 30-day period.
Disposition
The case was dismissed with prejudice and without costs, and the case was closed. The opinion does not state whether the parties later sought to reopen the case or requested retained jurisdiction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.