Bishop v. Crabby Patty Brooklyn LLC
- Valerie Caproni
- 1:20-cv-00375
- U.S. District Court · Southern District of New York
- 2
In Bishop v. Crabby Patty Brooklyn LLC, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening request.
Cedric Bishop, the people he sought to represent, and Crabby Patty Brooklyn LLC were affected by the dismissal and settlement-related deadlines.
What happened
In Bishop v. Crabby Patty Brooklyn LLC, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, closed the case, and terminated pending motions.
Judge Caproni allowed the parties to ask to reopen the case within 30 days for good cause and explained how they could ask the court to retain power to enforce their settlement agreement.
The detailed version
- Bishop v. Crabby Patty Brooklyn LLC · No. 1:20-cv-00375
- Valerie Caproni
- May 12, 2020
Background
Cedric Bishop brought the case for himself and for other similarly situated people. On May 11, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.
Court’s 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 was directed to terminate all open motions and close the case.
The parties were allowed to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open in light of the settlement. The court stated that a request filed after 30 days, or without a showing of good cause, could be denied solely on that basis.
Settlement Enforcement
The court also stated that, if the parties wanted it to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.