Zharkov v. Forbes Media, LLC
- Valerie Caproni
- 1:20-cv-02399
- U.S. District Court · Southern District of New York
- 2
In Zharkov v. Forbes Media, LLC, Judge Caproni dismissed the settled case with prejudice and without costs, while permitting a 30-day reopening request.
Boris Zharkov and Forbes Media, LLC; the case was dismissed with prejudice, without costs to either party, subject to the stated 30-day procedures for seeking reopening or retention of jurisdiction to enforce the settlement.
What happened
In Zharkov v. Forbes Media, LLC, the court was told that the parties had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs—including attorneys’ fees—and directed the clerk to close the case. The parties could ask to reopen the case within 30 days by showing good cause.
Judge Valerie Caproni also stated that the parties could ask the court to retain authority to enforce their settlement if they submitted the settlement agreement and the required request within that 30-day period.
The detailed version
- Zharkov v. Forbes Media, LLC · No. 1:20-cv-02399
- Valerie Caproni
- July 7, 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.
Order
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 could apply to reopen the case within 30 days. The application had to show good cause for keeping the case open in light of the settlement. The court stated that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.
The court also stated that, if the parties wanted it to retain jurisdiction—the authority to enforce the settlement—they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni entered the dismissal and related orders described above. The opinion does not decide the merits of the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.