Kerr v. Physician Affiliate Group of New York P.C.
- Valerie Caproni
- 1:17-cv-01777
- U.S. District Court · Southern District of New York
- 2
In Kerr v. Physician Affiliate Group of New York P.C., Judge Caproni dismissed the settled case with prejudice and without costs.
Plaintiff Andrew Kerr, M.D., and defendants Physician Affiliate Group of New York P.C. and Dr. Hussein Matari, individually. The case was closed after the parties reached an agreement in principle, subject to the stated 30-day procedures for reopening or retaining jurisdiction to enforce the settlement.
What happened
In Kerr v. Physician Affiliate Group of New York P.C., the court received notice that the parties 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, including attorneys’ fees, terminated all open motions, and directed the clerk to close the case.
Judge 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, subject to submitting the agreement and a separate request.
The detailed version
- Kerr v. Physician Affiliate Group of New York P.C. · No. 1:17-cv-01777
- Valerie Caproni
- June 11, 2020
Background
The court stated that Magistrate Judge Lehrburger had notified it that the parties reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.
Court’s Orders
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 permitted to apply within 30 days to reopen the case. Any such application had to show good cause for keeping the case open despite the settlement, and a request filed after 30 days or without a showing of good cause could be denied on that basis alone.
The court also explained that, if the parties wanted it to retain jurisdiction—meaning authority to enforce the 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.