Figueroa v. Narco Freedom, Inc.
- Valerie Caproni
- 1:15-cv-00641
- U.S. District Court · Southern District of New York
- 2
In Figueroa v. Narco Freedom, Inc., Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening request.
Richard Figueroa and the defendants—Narco Freedom, Inc.; N.F. Maintenance & Repair Corp.; and Keithie Lawrence—were affected by the dismissal and case closure. The parties retained the stated 30-day opportunity to seek reopening or request that the court retain jurisdiction to enforce their settlement.
What happened
Figueroa v. Narco Freedom, Inc. involved Richard Figueroa and the defendants named in the case. The court received a mediator’s report stating that court-ordered mediation had not occurred because the parties represented that they had settled all issues.
The court canceled all previously scheduled conferences and deadlines. It also directed the Clerk to terminate all open motions and close the case.
Judge Caproni dismissed the case with prejudice and without costs, including attorneys’ fees. Within 30 days, the parties could ask to reopen the case by showing good cause; they could also ask the court to retain jurisdiction to enforce their settlement by submitting the agreement and a proper request.
The detailed version
- Figueroa v. Narco Freedom, Inc. · No. 1:15-cv-00641
- Valerie Caproni
- Nov. 24, 2020
Background
On November 19, 2020, the court received a final report from the mediator. The report stated that court-ordered mediation had not been held because the parties represented that they had reached a settlement covering all issues. The opinion does not describe the settlement’s terms.
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. The Clerk of Court was directed to terminate all open motions and close the case.
Reopening and Settlement Enforcement
The parties were permitted to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open in light of the settlement. The order states that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.
If the parties wanted the court to retain jurisdiction to enforce the settlement agreement, they had to submit the agreement and a request for an order expressly retaining jurisdiction within the same 30-day period. The order cited Rule 6.A of the court’s Individual Practices and a Second Circuit decision concerning retention of jurisdiction over settlement agreements.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.