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S.D.N.Y.Procedural orderFiled Nov. 13, 2020

Guglielmo v. Alpha Industries of Virginia, Inc.

Judge
Valerie Caproni
Docket
1:20-cv-05917
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Guglielmo v. Alpha Industries, Judge Caproni dismissed the settled case with prejudice, without costs, while allowing limited 30-day applications to reopen.

Who this affects

The dismissal affected Joseph Guglielmo and Alpha Industries of Virginia, Inc.; the opinion also identifies Guglielmo as acting on behalf of himself and others similarly situated.

What happened

In Guglielmo v. Alpha Industries of Virginia, Inc., the parties told the court they had reached an agreement in principle resolving all issues.

The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs or attorneys’ fees to either party, and closed the case.

Judge Caproni allowed the parties 30 days to seek reopening for good cause and required them to submit the settlement agreement and request continued court authority if they wanted the court to enforce it.

The detailed version

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

Case
Guglielmo v. Alpha Industries of Virginia, Inc. · No. 1:20-cv-05917
Judge
Valerie Caproni
Date
Nov. 13, 2020

Background

On November 13, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the claims, the settlement terms, or the underlying dispute.

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. 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. Such an application had to show good cause for keeping the case open in light of the settlement. A request filed after 30 days or without a showing of good cause could be denied solely for that reason.

If the parties wanted the court to retain jurisdiction—legal authority—to enforce their settlement agreement, they had to submit the agreement and a request for an order expressly retaining that authority within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, directed that the case be closed, and provided the stated 30-day procedures for reopening or requesting continued authority to enforce the settlement.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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