Mercer v. Olympian Motel Inc.
- Valerie Caproni
- 1:20-cv-06221
- U.S. District Court · Southern District of New York
- 2
In Mercer v. Olympian Motel Inc., Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening application.
Stacey Mercer and Olympian Motel Inc.; the case was closed after the parties reported an agreement in principle, subject to the order’s 30-day procedures for reopening or requesting retained authority to enforce the settlement.
What happened
Mercer v. Olympian Motel Inc. involved Stacey Mercer and Olympian Motel Inc., doing business as Hamlet Inn. The parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the clerk to close the case and terminate open motions.
Judge Valerie Caproni also said the parties could apply within 30 days to reopen the case by showing good cause. They could request that the court retain authority to enforce their settlement by submitting the agreement and a specific request within that period.
The detailed version
- Mercer v. Olympian Motel Inc. · No. 1:20-cv-06221
- Valerie Caproni
- Nov. 5, 2020
Background
Stacey Mercer sued Olympian Motel Inc., doing business as Hamlet Inn. The opinion does not describe the underlying claims. On November 2, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.
Order
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. “With prejudice” means the dismissal bars the case from being brought again. The clerk was directed to terminate all open motions and close the case.
Reopening and Settlement Enforcement
The parties could apply to reopen the case within 30 days of the order. Any application had to show good cause for keeping the case open despite the settlement, and an application filed after 30 days or without that showing could be denied on that basis alone.
The court also stated that, if the parties wanted it to retain jurisdiction—legal authority—to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, canceled the scheduled proceedings and deadlines, directed the clerk to close the case, and provided the stated 30-day procedures for reopening or requesting retained authority to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.