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S.D.N.Y.Procedural orderFiled Apr. 28, 2020

DeSousa v. Integra Construction of New York Inc.

Judge
Ronnie Abrams
Docket
1:19-cv-05255
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

DeSousa v. Integral Contracting was closed after settlement, Judge Abrams ordered, allowing restoration within 30 days.

Who this affects

The plaintiffs, David J. DeSousa and Jociane DeSousa, and the defendants named in the action were affected because the settled case was discontinued and closed, subject to the Court’s 30-day conditions.

What happened

David J. DeSousa and Jociane DeSousa’s case against Integral Contracting Inc. and other defendants was reported settled.

Judge Abrams ordered the case discontinued without costs to any party and without prejudice to restoring it within 30 days. The Clerk was directed to close the case.

Judge Ronnie Abrams also said any settlement-enforcement request had to be placed on the public record and approved by the Court within the same 30-day period.

The detailed version

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

Case
DeSousa v. Integra Construction of New York Inc. · No. 1:19-cv-05255
Judge
Ronnie Abrams
Date
Apr. 28, 2020

Background

The Court stated that the parties had reported that the case was settled. The opinion does not describe the claims, the settlement terms, or the parties’ positions.

Ruling

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

The Court further stated that, if the parties wanted it to retain jurisdiction to enforce the 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 Court did not rule on the underlying claims.

Effect

The case was closed based on the reported settlement, subject to the stated 30-day restoration and settlement-enforcement conditions. Judge Ronnie Abrams signed the order.

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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