Mullaly v. Long Island Railroad Company
- Valerie Caproni
- 1:19-cv-07093
- U.S. District Court · Southern District of New York
- 2
In Mullaly v. Long Island Railroad Company, Judge Caproni dismissed the case with prejudice and without costs after an agreement in principle, subject to limited 30-day requests.
Daniel Mullaly and Long Island Railroad Company; the case was closed, subject to the order’s limited 30-day procedures for seeking reopening or continued court authority to enforce the settlement.
What happened
In Mullaly v. Long Island Railroad Company, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines and directed the Clerk to terminate open motions and close the case.
Judge Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, while allowing limited requests within 30 days to reopen the case or retain jurisdiction over the settlement.
The detailed version
- Mullaly v. Long Island Railroad Company · No. 1:19-cv-07093
- Valerie Caproni
- May 8, 2020
Background
On May 7, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement’s terms.
Order
The court canceled all previously scheduled conferences and other deadlines. It directed the Clerk of Court to terminate all open motions and close the case.
The court dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The court also stated that the parties could apply within 30 days to reopen the case. Such an application had to show good cause for keeping the case open in light of the settlement, and a late application or one lacking a showing of good cause could be denied on that basis.
The parties could also ask the court to retain jurisdiction—that is, authority to enforce the settlement agreement. To do so, they had to submit the settlement agreement and a request for an order expressly retaining jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, canceled the scheduled proceedings and deadlines, terminated the open motions, and directed that the case be closed. The order did not decide the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.