Kuhmstedt v. Simon & Schuster, Inc.
- Valerie Caproni
- 1:20-cv-01544
- U.S. District Court · Southern District of New York
- 2
In Kuhmstedt v. Simon & Schuster, Judge Caproni dismissed the case with prejudice and without costs after the parties reported an agreement in principle.
Bernhard Kuhmstedt and Simon & Schuster, Inc.; the case was closed after the parties reported an agreement in principle.
What happened
In Kuhmstedt v. Simon & Schuster, Inc., the parties told the court that they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, directed the Clerk to close the case, and terminated open motions. The parties could ask to reopen the case within 30 days if they showed good cause.
Judge Valerie Caproni also said the parties could ask the court to keep authority to enforce their settlement by submitting the settlement agreement and a proper request within 30 days.
The detailed version
- Kuhmstedt v. Simon & Schuster, Inc. · No. 1:20-cv-01544
- Valerie Caproni
- Mar. 12, 2020
Background
Bernhard Kuhmstedt sued Simon & Schuster, Inc. The opinion states that on March 11, 2020, the parties notified the court that they had 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.
The parties were permitted to apply to reopen the case within 30 days. Any such 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 solely on that basis.
The court also stated that, if the parties wanted it to retain authority to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs and closed the case, subject to the limited 30-day procedures described in the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.