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S.D.N.Y.Procedural orderFiled Sept. 14, 2020

Tom James Company v. Label, LLC

Judge
Valerie Caproni
Docket
1:19-cv-06393
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Tom James Company v. Label, LLC, Judge Valerie Caproni dismissed both settlement-resolved cases with prejudice and without costs.

Who this affects

Tom James Company and Label, LLC; both related cases were dismissed with prejudice and without costs, and the cases were closed, subject to the stated 30-day procedures for reopening or retaining jurisdiction to enforce the settlement.

What happened

Tom James Company and Label, LLC told the court that they had reached an agreement in principle resolving all issues in their two related cases.

The court canceled all scheduled conferences and deadlines, dismissed both cases with prejudice and without costs—including attorneys’ fees—and directed the Clerk to close the cases. The parties could ask to reopen the cases within 30 days by showing good cause. They also had 30 days to submit their settlement agreement and request that the court retain authority to enforce it.

Judge Valerie Caproni issued the order on September 14, 2020. The order did not decide the underlying claims on their merits.

The detailed version

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

Case
Tom James Company v. Label, LLC · No. 1:19-cv-06393
Judge
Valerie Caproni
Date
Sept. 14, 2020

Background

The order concerns two related cases: Tom James Company was the plaintiff in 19-CV-6393, and Label, LLC was the defendant; Label, LLC was the plaintiff in 19-CV-11564, and Tom James Company was the defendant. On September 9, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.

Court’s Action

The court canceled all previously scheduled conferences and other deadlines. It dismissed both cases with prejudice and without costs, including attorneys’ fees, to either party. The Clerk of Court was directed to terminate all open motions and close the cases.

The order allowed the parties to apply to reopen the cases within 30 days. Such an application had to show good cause for keeping the cases open despite the settlement, and a request filed after 30 days or without a showing of good cause could be denied on that basis alone. If the parties wanted the court to retain jurisdiction—that is, authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed both cases with prejudice and without costs and directed that they be closed. The order did not address the merits of the parties’ underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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