Borchers v. One Search Inc.
- Valerie Caproni
- 1:20-cv-03189
- U.S. District Court · Southern District of New York
- 2
In Borchers v. One Search, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing limited reopening requests.
Ryan Borchers and One Search Inc.; the court canceled the case’s scheduled proceedings, dismissed the case with prejudice and without costs, and closed the case, subject to the stated 30-day procedures for reopening or requesting authority to enforce the settlement.
What happened
In Borchers v. One Search Inc., the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs to either party, terminated open motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause and to ask the court to retain authority to enforce their settlement agreement.
The detailed version
- Borchers v. One Search Inc. · No. 1:20-cv-03189
- Valerie Caproni
- June 1, 2020
Background
On May 29, 2020, Ryan Borchers and One Search Inc. notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or provide the settlement agreement.
Ruling
The court ordered that all previously scheduled conferences and other deadlines be canceled. 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.
Possible Reopening and Settlement Enforcement
The parties could apply to reopen the case within 30 days, but the application had to show good cause for keeping the case open despite the settlement. The order states that a request filed after 30 days or without a showing of good cause could be denied on that basis alone. The parties could also ask the court to retain jurisdiction—meaning authority—to enforce their settlement agreement, but they had to submit the agreement and a request for retained jurisdiction within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.