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S.D.N.Y.Procedural orderFiled Apr. 23, 2020

Swartz v. Blue 36th Street NYC LLC

Judge
Ronnie Abrams
Docket
1:20-cv-00499
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Swartz v. Blue 36th Street NYC LLC, Judge Ronnie Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.

Who this affects

Helen Swartz and Blue 36th Street NYC LLC; the case was closed, subject to a possible application to restore it within 30 days.

What happened

Swartz v. Blue 36th Street NYC LLC was reported to have been settled in principle. The order does not describe the settlement’s terms or decide the parties’ underlying dispute.

The court discontinued the action without costs to either party. The case could be restored if an application was made within 30 days.

Judge Ronnie Abrams directed the Clerk of Court to close the case and stated that any request to enforce the settlement through the court had to be placed on the public record and approved within the same 30-day period.

The detailed version

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

Case
Swartz v. Blue 36th Street NYC LLC · No. 1:20-cv-00499
Judge
Ronnie Abrams
Date
Apr. 23, 2020

Background

The court stated that it had been told the case was settled in principle. The opinion does not provide the settlement terms or explain the underlying claims.

Ruling

Judge Ronnie Abrams ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore it was made within 30 days. The order stated that an application to reopen filed after that period could be denied solely because it was late.

The court also stated that, if the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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