Harbus v. Heavy Inc.
- Ronnie Abrams
- 1:19-cv-02561
- U.S. District Court · Southern District of New York
- 1
In Harbus v. Heavy Inc., Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.
Richard Harbus and Heavy Inc.; the action was discontinued and the case was closed, subject to a possible application to restore or reopen it within 30 days.
What happened
Richard Harbus sued Heavy Inc. in a case that the Court was told had been settled in principle. The opinion does not describe the claims or the settlement’s terms.
The Court discontinued the action without costs to either party and without prejudice to restoring it to the Court’s docket within 30 days. It also directed the Clerk to close the case.
Judge Ronnie Abrams adjourned the scheduled post-discovery conference and stated that any request for the Court to retain authority to enforce a settlement had to be placed on the public record and approved by the Court within 30 days.
The detailed version
- Harbus v. Heavy Inc. · No. 1:19-cv-02561
- Ronnie Abrams
- Aug. 3, 2020
Background
The Court stated that it had been informed that the case had been settled in principle. The opinion does not identify the claims, describe the settlement terms, or state that a final settlement agreement had been entered.
Order
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 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 it to retain jurisdiction—meaning authority to enforce a 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 post-discovery conference scheduled for August 7, 2020, was adjourned without a new date, and the Clerk was directed to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.