NYK Trading Corporation v. O.W. Bunker & Trading A/S
- Valerie Caproni
- 1:16-cv-00674
- U.S. District Court · Southern District of New York
- 2
In NYK Trading v. O.W. Bunker, Judge Caproni canceled deadlines and set dismissal with prejudice for November 30 unless a party requested otherwise.
The parties to the action, including NYK Trading Corporation, O.W. Bunker & Trading A/S, Wiljo N.V., Transcor Energy S.A., Maritime Bunkering & Trading BVBA, and ING Bank N.V., were affected by the canceled deadlines, settlement-related filing requirements, anticipated dismissal, and proposed distribution of deposited funds.
What happened
In NYK Trading Corporation v. O.W. Bunker & Trading A/S, the parties told the court that they had reached a settlement in principle resolving all issues.
The court canceled all scheduled conferences and other deadlines. It ordered that the case would be dismissed with prejudice on November 30, 2020, unless a party filed a letter before then explaining why the case should not be dismissed. The court also set deadlines for submitting the settlement agreement if the parties wanted the court to retain authority to enforce it, and for reporting how deposited funds should be distributed.
Judge Valerie Caproni issued the order. Upon dismissal, the Clerk would be directed to distribute the amount deposited by NYK Trading Corporation, plus interest; an amount for NYK Trading Corporation’s reasonable attorneys’ fees and costs, and the remaining amount to ING Bank N.V.
The detailed version
- NYK Trading Corporation v. O.W. Bunker & Trading A/S · No. 1:16-cv-00674
- Valerie Caproni
- Oct. 29, 2020
Background
On October 29, 2020, the parties informed the court that they had reached a settlement in principle resolving all issues. The order does not describe the settlement’s terms.
Court’s Orders
The court canceled all previously scheduled conferences and other deadlines.
The court ordered that the action would be dismissed with prejudice on November 30, 2020, unless, before that date, one or more parties filed a letter asking that the action not be dismissed and explaining why dismissal was not appropriate in light of the settlement. The court stated that a request filed on or after November 30 could be denied solely because it was late.
If the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce the settlement agreement, they had to submit the agreement and request an order retaining that authority by November 23, 2020.
Upon dismissal, the court would direct the Clerk of Court to disburse the amount deposited by NYK Trading Corporation, plus interest. By November 6, 2020, the parties had to jointly inform the court what amount should be paid to NYK Trading Corporation for reasonable attorneys’ fees and costs. The remaining amount would be paid to ING Bank N.V. The parties also had to identify the payees and mailing address for the checks.
Disposition
The order canceled deadlines and set a future dismissal with prejudice, subject to the stated filing conditions. It did not itself dismiss the action on October 29, 2020. Judge Valerie Caproni signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.