Himelda Mendez v. Garth Greenan Gallery, Inc
- Valerie Caproni
- 1:19-cv-08465
- U.S. District Court · Southern District of New York
- 2
In Himelda Mendez v. Garth Greenan Gallery, Judge Caproni dismissed the settled case with prejudice and without costs, subject to limited reopening requests.
The order affects Himelda Mendez and Garth Greenan Gallery, Inc. by ending and closing their case, while providing a 30-day process for seeking reopening or court jurisdiction to enforce their settlement agreement.
What happened
In Himelda Mendez v. Garth Greenan Gallery, Inc., a mediator reported that the parties had reached an agreement in principle resolving all issues after court-ordered mediation.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, terminated open motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause or to ask the court to retain jurisdiction to enforce their settlement agreement.
The detailed version
- Himelda Mendez v. Garth Greenan Gallery, Inc · No. 1:19-cv-08465
- Valerie Caproni
- Mar. 18, 2020
Background
The court received a final report from the mediator stating that the parties reached an agreement in principle resolving all issues after court-ordered mediation.
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 could apply to reopen the case within 30 days by showing good cause for keeping it open in light of their settlement. The order states 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 jurisdiction—the authority to enforce the settlement agreement—they had to submit the agreement and request an order retaining jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs and closed it, while allowing the specified 30-day applications concerning reopening or retention of jurisdiction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.