Alexion Pharmaceuticals, Inc. v. Therapure Biopharma Inc.
- Valerie Caproni
- 1:19-cv-08119
- U.S. District Court · Southern District of New York
- 2
In Alexion Pharmaceuticals v. Therapure Biopharma, Judge Caproni dismissed the settled case with prejudice, without costs, and closed it.
Alexion Pharmaceuticals, Inc. and Therapure Biopharma Inc.; the case was dismissed with prejudice after their settlement agreement in principle.
What happened
Alexion Pharmaceuticals, Inc. v. Therapure Biopharma Inc. ended after the parties reached an agreement in principle at a settlement conference resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice, ordered that neither party receive costs or attorneys’ fees, terminated 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
- Alexion Pharmaceuticals, Inc. v. Therapure Biopharma Inc. · No. 1:19-cv-08119
- Valerie Caproni
- Mar. 3, 2020
Background
A settlement conference took place before Magistrate Judge Stewart D. Aaron on February 25, 2020. The parties reached an agreement in principle resolving all issues.
Court’s 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.
Reopening and Settlement Enforcement
The parties were permitted to apply to reopen the case within 30 days. Any application had to show good cause for keeping the case open despite the settlement. The order stated that a request 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 authority to enforce their settlement agreement, they also 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.