Carl Schroter GMBH & Co. KG v. MSC Mediterranean Shipping Company S.A.
- Valerie Caproni
- 1:20-cv-04640
- U.S. District Court · Southern District of New York
- 2
In Carl Schroter GMBH v. MSC Mediterranean Shipping, Judge Caproni dismissed the settled case with prejudice and without costs.
The plaintiffs and MSC Mediterranean Shipping Company S.A.; the case was dismissed with prejudice after the parties reported an agreement in principle.
What happened
Carl Schroter GMBH & Co. KG, Assekuranzkontor, a/s/o Sterling Peru S.A.C., and The Oppenheimer Group sued MSC Mediterranean Shipping Company S.A. 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, including attorneys’ fees, terminated all open motions, and closed the case.
Judge Valerie Caproni said the parties could apply within 30 days 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 corresponding request within that period.
The detailed version
- Carl Schroter GMBH & Co. KG v. MSC Mediterranean Shipping Company S.A. · No. 1:20-cv-04640
- Valerie Caproni
- Dec. 1, 2020
Background
The plaintiffs were Carl Schroter GMBH & Co. KG, Assekuranzkontor, a/s/o Sterling Peru S.A.C., and The Oppenheimer Group. The defendant was MSC Mediterranean Shipping Company S.A. On November 30, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.
Ruling
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.
The order allowed the parties to apply within 30 days to reopen the case. Any such application had to show good cause for keeping the case open in light of the settlement. The order also stated that, if the parties wanted the court to retain jurisdiction—the authority to enforce the settlement agreement—they had to submit the settlement agreement and request that the court expressly retain jurisdiction within the same 30-day period.
Classification
This was a procedural order because the court dismissed the case after the parties reported a settlement and did not decide the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.