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S.D.N.Y.Procedural orderFiled June 15, 2020

Zurich American Insurance Company v. Indian Harbor Insurance Company

Judge
Ronnie Abrams
Docket
1:19-cv-06885
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Zurich American v. Indian Harbor, Judge Abrams discontinued the settled case without costs and without prejudice to timely restoration.

Who this affects

Zurich American Insurance Company and Indian Harbor Insurance Company; the case was closed after settlement, subject to a possible application to restore it within 30 days.

What happened

Zurich American Insurance Company v. Indian Harbor Insurance Company was reported settled, and the court discontinued the action without costs to either party.

The court allowed the case to be restored if an application was made within 30 days. It also stated that any settlement-enforcement jurisdiction would require the agreement to be made public and approved by the court within that period.

Judge Ronnie Abrams adjourned the scheduled post-discovery conference, directed the Clerk to close the case, and entered the order on June 15, 2020.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Zurich American Insurance Company v. Indian Harbor Insurance Company · No. 1:19-cv-06885
Judge
Ronnie Abrams
Date
June 15, 2020

Background

The court stated that the parties had reported that the case was settled.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore it was made within 30 days. The order stated that an application to reopen filed after that period could be denied solely because it was late.

The court also stated that, if the parties wanted the court to retain jurisdiction to enforce their settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The scheduled post-discovery conference was adjourned without setting a new date, and the Clerk of Court was directed to close the case.

Disposition

Judge Ronnie Abrams discontinued the action without costs and without prejudice to timely restoration. The opinion does not describe the settlement’s terms or resolve the underlying dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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