Green v. Capital One, N.A.
- Valerie Caproni
- 1:19-cv-10899
- U.S. District Court · Southern District of New York
- 2
In Green v. Capital One, Judge Caproni dismissed the case with prejudice after the parties reached an agreement in principle through court-ordered mediation.
Dasharah Green and Capital One, N.A.; the case was closed after the parties reached an agreement in principle, subject to the limited 30-day procedures described in the order.
What happened
Green v. Capital One, N.A. ended after a mediator reported that the parties had reached an agreement in principle resolving all issues through court-ordered mediation.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, terminated open motions, and closed the case. The parties could ask to reopen it within 30 days by showing good cause.
Judge Valerie Caproni also said the parties could ask the court to retain authority to enforce their settlement by submitting the agreement and a proper request within that same 30-day period.
The detailed version
- Green v. Capital One, N.A. · No. 1:19-cv-10899
- Valerie Caproni
- May 8, 2020
Background
The court received a final report from the mediator stating that Green and Capital One, N.A. had reached an agreement in principle resolving all issues after court-ordered mediation. The order does not state the settlement’s 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.
Possibility of Reopening or Retaining Jurisdiction
Within 30 days, the parties could apply to reopen the case by showing good cause for keeping it open despite their settlement. The court stated that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.
If the parties wanted the court to retain jurisdiction—that is, authority—to enforce their settlement agreement, they had to submit the agreement under Rule 6.A of the court’s Individual Practices and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice, canceled the remaining deadlines, terminated the open motions, and directed that the case be closed. The order resolved the case through settlement rather than deciding the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.