Deleston v. East of Harlem Limited Liability Company
- Valerie Caproni
- 1:19-cv-05841
- U.S. District Court · Southern District of New York
- 2
In Deleston v. East of Harlem, Judge Caproni dismissed the case with prejudice and without costs after the parties reached an agreement in principle.
Plaintiff Jermaine Deleston and defendants East of Harlem Limited Liability Company d/b/a B2 Harlem and Glimmer Five LLC.
What happened
In Deleston v. East of Harlem Limited Liability Company, the court received a mediator’s report stating that the parties had reached an agreement in principle resolving all issues after court-ordered mediation.
The court cancelled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the Clerk to close the case and terminate pending motions.
Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause and to ask the court to retain authority to enforce their settlement agreement, if they submitted the agreement and a proper request during that period.
The detailed version
- Deleston v. East of Harlem Limited Liability Company · No. 1:19-cv-05841
- Valerie Caproni
- May 29, 2020
Background
The court stated that it had received a final report from the mediator on May 28, 2020. The report said that the parties had reached an agreement in principle resolving all issues after court-ordered mediation. The opinion does not describe the agreement’s terms.
Order
The court cancelled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. It also directed the Clerk of Court to terminate all open motions and close the case.
The order allowed the parties to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the settlement, and the court warned that an application filed after 30 days or without a showing of good cause could be denied on that basis alone.
The court further 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 jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs and ordered the case 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.