Bonny Gas Transport Limited v. O.W. Bunker Germany GmbH
- Valerie Caproni
- 1:14-cv-09542
- U.S. District Court · Southern District of New York
- 2
In Bonny Gas Transport v. O.W. Bunker Germany, Judge Caproni set settlement deadlines and scheduled dismissal with prejudice unless a party objects.
The plaintiff and defendants must follow the settlement-related deadlines and provide payment instructions; the case is scheduled for dismissal with prejudice.
What happened
Bonny Gas Transport Limited and the defendants told the court that they had reached a settlement. Judge Caproni canceled all previously scheduled conferences and other deadlines.
The court ordered that the case will be dismissed with prejudice on December 2, 2020, unless a party files a letter before that date explaining why dismissal should not occur. The parties could also ask the court to keep jurisdiction to enforce their settlement by submitting the agreement and a request by November 26, 2020.
Judge Valerie Caproni also ordered the parties to jointly provide payment and mailing instructions by November 27, 2020, so the clerk can distribute Bonny Gas Transport Limited’s deposited funds, plus interest, after dismissal.
The detailed version
- Bonny Gas Transport Limited v. O.W. Bunker Germany GmbH · No. 1:14-cv-09542
- Valerie Caproni
- Nov. 4, 2020
Background
On November 2, 2020, the parties informed the court that they had executed a settlement agreement. The opinion does not describe the underlying claims or the settlement’s terms.
Court’s Orders
The court canceled all previously scheduled conferences and other deadlines.
The court ordered that the action will be dismissed with prejudice on December 2, 2020, unless one or more parties files a letter before that date requesting that the action not be dismissed and explaining why dismissal should not occur in light of the settlement. The court stated that a request filed on or after December 2 may be denied solely because it was late.
The court stated that, if the parties want the court to retain jurisdiction—that is, continuing authority—to enforce the settlement agreement, they must submit the agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction. Both must be submitted no later than November 26, 2020.
The court also ordered that, upon dismissal, the clerk will disburse the amount Bonny Gas Transport Limited deposited, plus interest. By November 27, 2020, the parties had to jointly tell the court how much should be paid to each party, who should receive the checks, and the addresses where the checks should be sent.
Disposition
The court did not dismiss the action on November 4. It ordered that the action will be dismissed with prejudice on December 2, 2020, subject to the stated deadline for requesting that dismissal not occur. Judge Valerie Caproni entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.