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S.D.N.Y.Procedural orderFiled Aug. 17, 2020

Kuhmstedt v. Cable News Network LP, LLLP

Judge
Ronnie Abrams
Docket
1:20-cv-04103
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Kuhmstedt v. Cable News Network, Judge Abrams discontinued the action after the parties reported a settlement in principle, without costs and subject to a 30-day restoration period.

Who this affects

Bernhard Kuhmstedt and Cable News Network, LP, LLLP; the action was closed subject to the order’s 30-day restoration and settlement-enforcement conditions.

What happened

In Kuhmstedt v. Cable News Network LP, LLLP, the parties told the court that they had reached a settlement in principle covering all issues.

The court did not decide the underlying dispute. Instead, it ended the case without awarding costs to either party, while allowing the case to be restored to the court’s docket if requested within 30 days.

Judge Ronnie Abrams directed the Clerk of Court to close the case. Any request to reopen filed after 30 days may be denied solely because it was late; the court could retain authority to enforce the settlement only if its terms were made public and approved by the court within that period.

The detailed version

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

Case
Kuhmstedt v. Cable News Network LP, LLLP · No. 1:20-cv-04103
Judge
Ronnie Abrams
Date
Aug. 17, 2020

Background

Bernhard Kuhmstedt sued Cable News Network, LP, LLLP. The parties reported that they had reached a settlement in principle on all issues.

What the Court Did

The court ordered that the action be discontinued without costs to any party. The order allowed either party to seek restoration of the action to the court’s docket within 30 days. It separately stated that any application to reopen the action must be filed within 30 days of the order and that a later application may be denied solely because it was filed after that deadline.

The court also explained that, if the parties wanted the court to retain jurisdiction to enforce their settlement, the settlement’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. Judge Ronnie Abrams did not decide the underlying claims.

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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