Calcano v. Allora 2 Spa Inc.
- Valerie Caproni
- 1:19-cv-09715
- U.S. District Court · Southern District of New York
- 2
In Calcano v. Allora 2 Spa, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening application.
The parties, Marcos Calcano and Allora 2 Spa Inc., were affected by the dismissal, cancellation of deadlines, termination of open motions, and case closure. They had 30 days to seek reopening for good cause or request that the court retain authority to enforce their settlement.
What happened
In Calcano v. Allora 2 Spa Inc., the parties told the court that they had reached an agreement in principle resolving all issues. The order does not describe the agreement’s terms.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs to either party, directed the Clerk to close the case, and terminated all open motions.
Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause. During that period, they could also ask the court to retain authority to enforce their settlement by submitting the agreement and a request for continued jurisdiction.
The detailed version
- Calcano v. Allora 2 Spa Inc. · No. 1:19-cv-09715
- Valerie Caproni
- Mar. 12, 2020
Background
Marcos Calcano brought the case on behalf of himself and other similarly situated persons against Allora 2 Spa Inc. The parties notified the court on March 11, 2020, that they had reached an agreement in principle resolving all issues. The order does not identify the claims or provide the settlement’s terms.
Court’s action
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 states that an application filed after 30 days, or filed without a showing of good cause, could be denied solely on that basis.
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
The court dismissed the case with prejudice and without costs, terminated the open motions, and closed the case. Judge Valerie Caproni signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.