Hecht v. Mary Meyer Corporation

Background

On November 5, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement’s terms or discuss the merits of the underlying claims.

Court’s Action

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. A dismissal with prejudice generally means the case cannot be brought again, although this order separately allowed the parties to seek reopening under the conditions described below. The Clerk of Court was directed to terminate all open motions and close the case.

Reopening and Settlement Enforcement

Within 30 days, the parties could apply to reopen the case. The application had to show good cause for keeping the case open despite the settlement and had to be filed within that 30-day period. The order stated that a late application or one lacking a showing of good cause could be denied solely on that basis.

If the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement, they had to submit the agreement under Rule 6.A of the court’s Individual Practices and request an order expressly retaining that authority within the same 30-day period.

Disposition

The court dismissed the case with prejudice and without costs and directed that it be closed. The order did not rule on the underlying claims. Judge Valerie Caproni issued the order on November 6, 2020.