Kelmendi v. Home Depot U.S.A., Inc.
- Ronnie Abrams
- 1:20-cv-03245
- U.S. District Court · Southern District of New York
- 1
In Kelmendi v. Home Depot U.S.A., Inc., Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.
The action was discontinued after the court was told it had settled. The parties could seek restoration or reopening within 30 days, and they could seek court enforcement of a settlement only by placing its terms on the public record and obtaining the court’s approval within that period.
What happened
Kelmendi v. Home Depot U.S.A., Inc. was reported settled, but the order does not describe the dispute or settlement terms.
The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The clerk was directed to close the case.
Judge Ronnie Abrams also stated that any request to reopen filed after 30 days could be denied on that basis alone. The court would retain jurisdiction to enforce a settlement only if the agreement’s terms were placed on the public record and approved by the court within that period.
The detailed version
- Kelmendi v. Home Depot U.S.A., Inc. · No. 1:20-cv-03245
- Ronnie Abrams
- May 5, 2020
Background
The court stated that it had been informed that the case had settled. The opinion does not provide details about the claims, the settlement, 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. Any application to reopen filed after that period could be denied solely because it was late. The clerk of court was directed to close the case.
The court added that, if the parties wanted the court to retain authority 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.
Judge
The order was issued by Ronnie Abrams, United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.