Girotto v. Le Fanion Inc.

Background

On September 29, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the underlying claims or the terms of the settlement.

Ruling

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 were permitted to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the settlement, and a late application or one lacking a showing of good cause could be denied on that basis alone.

The order also stated that, if the parties wanted the court to retain jurisdiction—the 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.

Effect

This was a case-ending dismissal based on the parties’ reported settlement, not a decision on the underlying legal claims. Judge Valerie Caproni’s order set conditions for any request to reopen the case or for the court to retain authority to enforce the settlement.