Dr. Jay's, Inc. v. Liberty Mutual Fire Insurance Company
- Ronnie Abrams
- 1:19-cv-09700
- U.S. District Court · Southern District of New York
- 1
In Dr. Jay’s v. Liberty Mutual, Judge Abrams closed the settled case without costs, allowing restoration within 30 days.
Dr. Jay’s, Inc. and Liberty Mutual Fire Insurance Company; the case was closed after the reported settlement, subject to a possible application to restore it within 30 days.
What happened
Dr. Jay’s, Inc. v. Liberty Mutual Fire Insurance Company was reported to the court as settled. The opinion provides no details about the settlement or the parties’ underlying dispute.
The court discontinued the action without costs to either party and allowed a request to restore it to the court’s docket within 30 days. The court also stated that settlement terms would have to be made public and approved by the court within that period if the parties wanted the court to keep jurisdiction to enforce the settlement.
Judge Ronnie Abrams directed the Clerk of Court to close the case. The order did not decide the underlying dispute.
The detailed version
- Dr. Jay's, Inc. v. Liberty Mutual Fire Insurance Company · No. 1:19-cv-09700
- Ronnie Abrams
- July 31, 2020
Background
The court stated that it had been informed that the case was settled. The opinion does not describe the underlying claims, the settlement’s terms, or the parties’ positions.
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. It further stated that any application to reopen filed after 30 days could be denied solely because it was late.
If the parties wanted the court to retain jurisdiction 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.
Effect
This was a procedural order ending the case based on the reported settlement; the opinion does not resolve the underlying dispute on its merits.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.