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S.D.N.Y.Procedural orderFiled Nov. 9, 2020

Milione, D.C. v. Aetna Life Insurance Company

Judge
Ronnie Abrams
Docket
1:20-cv-01160
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Milione, D.C. v. Aetna Life Insurance Company, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

Milione, D.C. and Aetna Life Insurance Company were affected by the discontinuation of the action. The case could be restored within 30 days, and the court could retain authority to enforce the settlement only if the stated public-record and approval requirements were met.

What happened

Milione, D.C. v. Aetna Life Insurance Company was reported to have been settled in principle.

The court discontinued the case without costs to either party and without prejudice to restoring it within 30 days. It also adjourned the scheduled post-discovery conference indefinitely.

Judge Ronnie Abrams ordered that any request to reopen filed after 30 days could be denied solely because it was late; the court did not describe the settlement terms or decide the underlying dispute.

The detailed version

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

Case
Milione, D.C. v. Aetna Life Insurance Company · No. 1:20-cv-01160
Judge
Ronnie Abrams
Date
Nov. 9, 2020

Background

The court stated that the parties had reported the case settled in principle. The opinion does not describe the underlying claims or the settlement terms.

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 was made within 30 days. 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 jurisdiction to enforce a settlement agreement, they had to place the agreement’s terms on the public record and obtain the court’s approval within the same 30-day period. The post-discovery conference scheduled for November 13, 2020, was adjourned indefinitely.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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