Hapag-Lloyd Aktiengesellschaft v. O'Rourke Marine Services L.P.
- Valerie Caproni
- 1:14-cv-10027
- U.S. District Court · Southern District of New York
- 2
In Hapag-Lloyd v. O'Rourke Marine, Judge Caproni canceled deadlines and set conditional dismissal after the parties reported a settlement in principle.
The parties in the Hapag-Lloyd action and the related Canpotex action, including the parties entitled to receive disbursements of the deposited amount and interest.
What happened
Hapag-Lloyd Aktiengesellschaft v. O'Rourke Marine Services L.P., along with the related Canpotex Shipping Services Limited action, concerns parties’ report that they had reached a settlement in principle resolving all issues.
The court canceled previously scheduled conferences and other deadlines. It said the actions will be dismissed with prejudice on February 5, 2021, unless a party files a letter before then explaining why dismissal should not occur. The parties also had until January 29, 2021, to submit their settlement agreement and ask the court to retain jurisdiction to enforce it.
Judge Valerie Caproni further ordered that, upon dismissal, the clerk will disburse the deposited amount plus interest. By February 5, the parties must jointly tell the court how much each party should receive and provide the payee names and mailing addresses for the checks.
The detailed version
- Hapag-Lloyd Aktiengesellschaft v. O'Rourke Marine Services L.P. · No. 1:14-cv-10027
- Valerie Caproni
- Dec. 2, 2020
Background
The parties informed the court that they had reached a settlement in principle resolving all issues in both listed actions.
Court’s Orders
The court canceled all previously scheduled conferences and other deadlines. It ordered that the actions will be dismissed with prejudice on February 5, 2021, unless one or more parties files a letter before that date requesting that the actions not be dismissed and explaining why dismissal would not be appropriate in light of the settlement. The court stated that a request filed on or after February 5 may be denied solely because it was late.
The court also set a January 29, 2021 deadline for the parties to submit their settlement agreement and request an order expressly retaining jurisdiction to enforce that agreement, if they wanted the court to retain that authority.
Upon dismissal, the clerk will disburse the amount deposited with the court, plus interest. By February 5, the parties must jointly inform the court of the amount to be paid to each party, the names to appear on the checks, and the addresses to which the checks should be sent.
Disposition
This order did not immediately dismiss the actions. Instead, Judge Valerie Caproni ordered a conditional future dismissal with prejudice and set related deadlines for settlement enforcement and disbursement of deposited funds.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.