Morales v. C R Bard Incorporated
- Valerie Caproni
- 1:19-cv-09873
- U.S. District Court · Southern District of New York
- 2
In Morales v. Bard, Judge Caproni dismissed the case with prejudice after the parties reported an agreement resolving all issues.
Ivette Morales and defendants C R Bard Incorporated and Bard Peripheral Vascular Incorporated; the case was closed, subject to the stated 120-day procedures for reopening or retaining jurisdiction to enforce the settlement.
What happened
In Morales v. C R Bard Incorporated, Ivette Morales and the defendants told the court that they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either side, terminated open motions, and closed the case. The parties may ask to reopen it within 120 days if they show good cause. They may also ask the court to retain power to enforce their settlement by submitting the agreement and a separate request within that period.
Judge Valerie Caproni issued the order on October 16, 2020. The order does not decide the underlying claims.
The detailed version
- Morales v. C R Bard Incorporated · No. 1:19-cv-09873
- Valerie Caproni
- Oct. 16, 2020
Background
On October 15, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not identify the underlying claims.
Court’s Action
The court ordered that all previously scheduled conferences and other deadlines be canceled. It further ordered that the case be dismissed 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 order permits the parties to apply to reopen the case within 120 days. Any such application must show good cause for keeping the case open in light of the parties’ settlement. A request filed after 120 days, or without a showing of good cause, may be denied on that basis alone.
The parties may also ask the court to retain jurisdiction—the court’s authority—to enforce their settlement agreement. To do so, they must submit the agreement under Rule 6.A of the court’s Individual Practices and request an order expressly retaining jurisdiction, both within the same 120-day period.
Classification
This is a procedural order. The court dismissed the case based on the parties’ agreement and did not decide the underlying legal claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.