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S.D.N.Y.Procedural orderFiled Mar. 27, 2020

Chevrestt v. Richard Tucker Music Foundation, Inc.

Judge
Valerie Caproni
Docket
1:19-cv-10368
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Chevrestt v. Richard Tucker Music Foundation, Judge Caproni dismissed the case with prejudice after an agreement in principle, without costs, while allowing a 30-day reopening application.

Who this affects

The parties to the case were affected by the dismissal, cancellation of deadlines and conferences, termination of open motions, and case closure. They could seek reopening within 30 days for good cause and could request that the court retain jurisdiction to enforce their settlement agreement.

What happened

In Chevrestt v. Richard Tucker Music Foundation, Inc., the court received a mediator’s report stating 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 ordered that neither party would pay costs or attorneys’ fees. The clerk was directed to terminate open motions and close the case. The parties could apply within 30 days to reopen the case for good cause, and they could ask the court to retain authority to enforce their settlement agreement by submitting the agreement and a specific request.

Judge Valerie Caproni issued the order on March 27, 2020. The opinion does not describe the agreement’s terms or the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Chevrestt v. Richard Tucker Music Foundation, Inc. · No. 1:19-cv-10368
Judge
Valerie Caproni
Date
Mar. 27, 2020

Background

On March 26, 2020, the court received a final report from the mediator stating that the parties had reached an agreement in principle resolving all issues after court-ordered mediation. The opinion does not provide the terms of that agreement or describe the underlying claims.

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 was directed to terminate all open motions and close the case.

The parties could apply within 30 days to reopen the case. Any application had to show good cause for keeping the case open despite the parties’ settlement and had to be filed within that 30-day period. The order also stated that, if the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, canceled the scheduled conferences and deadlines, directed closure of the case, and provided the stated 30-day procedures for seeking reopening or retention of jurisdiction.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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