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S.D.N.Y.Procedural orderFiled Feb. 28, 2020

Glen v. Rose & Rose

Judge
Ronnie Abrams
Docket
1:19-cv-11429
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Josh Glen v. Rose & Rose, Judge Abrams discontinued the settled-in-principle case without prejudice to timely restoration.

Who this affects

Josh Glen, Rose & Rose, and the action brought on behalf of others similarly situated.

What happened

Josh Glen sued Rose & Rose individually and on behalf of others similarly situated. The court was told that the case had been settled in principle.

The court discontinued the action without costs to either party and without prejudice to restoring it to the docket if an application was filed within 60 days. The court also adjourned the scheduled initial conference indefinitely and directed the Clerk to close the case.

Judge Ronnie Abrams further stated that any settlement-enforcement request 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
Glen v. Rose & Rose · No. 1:19-cv-11429
Judge
Ronnie Abrams
Date
Feb. 28, 2020

Background

Josh Glen brought the action individually and on behalf of all others similarly situated against Rose & Rose. The court was informed that the parties had settled the case in principle.

Court’s action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket. Any application to restore or reopen the action had to be filed within 60 days of the order; the court stated that an application filed later could be denied solely because it was late.

The court also 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. The scheduled initial conference was adjourned indefinitely, and the Clerk of Court was directed to close the case.

Result

The order discontinued the action based on the reported settlement in principle. It did not decide the underlying claims. The court entered the order through United States District Judge Ronnie Abrams.

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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