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S.D.N.Y.Procedural orderFiled Oct. 16, 2020

Breeze, Jr. v. James Knowles & Company, LLC

Judge
Ronnie Abrams
Docket
1:20-cv-07891
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Breeze v. Knowles, Judge Abrams discontinued the settled action without costs, allowing restoration within 45 days.

Who this affects

Byron Breeze, Jr. and James Knowles & Company, LLC, the parties to the settled action.

What happened

Breeze, Jr. v. James Knowles & Company, LLC is a federal case that the parties told the court had settled while they prepared a written settlement agreement.

The court did not decide the underlying dispute. It discontinued the action without costs and without prejudice to restoring it if an application was made within 45 days.

Judge Ronnie Abrams also directed the Clerk to close the case and explained that any settlement-enforcement jurisdiction would require the agreement to be made public and approved by the court within 45 days.

The detailed version

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

Case
Breeze, Jr. v. James Knowles & Company, LLC · No. 1:20-cv-07891
Judge
Ronnie Abrams
Date
Oct. 16, 2020

Background

The parties submitted a joint letter stating that the action had settled and that they were drafting and exchanging a settlement agreement.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court's docket if an application to restore the action was made within 45 days. The court 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 the court to retain authority to enforce the settlement agreement, the agreement's terms had to be placed on the public record and approved by the court within the same 45-day period. Judge Ronnie Abrams directed the Clerk of Court to close the case.

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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