Deleston v. Made in PR Latin Cuisine & Sports Bar Corp.
- Valerie Caproni
- 1:19-cv-10223
- U.S. District Court · Southern District of New York
- 2
In Deleston v. Made in PR, Judge Caproni dismissed the settled case with prejudice and without costs, while permitting a 30-day reopening request.
The plaintiff and defendants, whose settled case was dismissed with prejudice and without costs.
What happened
In Deleston v. Made in PR Latin Cuisine & Sports Bar Corp., the parties told the court 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 to either party, terminated open motions, and closed the case. The parties could apply to reopen within 30 days by showing good cause; they could also ask the court to retain jurisdiction to enforce their settlement by submitting the settlement agreement and a proper request within that period.
Judge Valerie Caproni issued the order on April 16, 2020.
The detailed version
- Deleston v. Made in PR Latin Cuisine & Sports Bar Corp. · No. 1:19-cv-10223
- Valerie Caproni
- Apr. 16, 2020
Background
On April 14, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement terms.
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 order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for holding the case open despite the settlement, and an application filed after 30 days or without that showing could be denied on that basis. If the parties wanted the court to retain jurisdiction—the power to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs and directed that it be closed. The order did not decide the underlying legal claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.