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S.D.N.Y.Procedural orderFiled June 18, 2020

The Sheraton, LLC v. Fortuna Fifth Avenue, LLC

Judge
Ronnie Abrams
Docket
1:17-cv-04637
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In The Sheraton v. Fortuna, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

The Sheraton, LLC, Fortuna Fifth Avenue, LLC, and Morris Moinian; the case was closed after the parties reported a settlement.

What happened

The Sheraton, LLC sued Fortuna Fifth Avenue, LLC and Morris Moinian. The court was told that the case had been settled.

The order did not decide the underlying dispute. It ended the action without imposing costs on any party and allowed a request to restore the case to the court’s docket within 30 days.

Judge Ronnie Abrams directed the Clerk of Court to close the case. Any request to reopen filed after 30 days could be denied solely because it was late; the court also stated that any request for it to retain authority to enforce the settlement had to place the agreement on the public record and receive the court’s approval within that period.

The detailed version

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

Case
The Sheraton, LLC v. Fortuna Fifth Avenue, LLC · No. 1:17-cv-04637
Judge
Ronnie Abrams
Date
June 18, 2020

Background

The opinion states that the parties reported that the case had been settled. It does not describe the underlying claims or the settlement’s terms.

Disposition

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. The court stated that any 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 authority to enforce the 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 Clerk of Court was directed to close the case.

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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