Diveley v. Enhanced Recovery Company, LLC
- Ronnie Abrams
- 1:20-cv-11014
- U.S. District Court · Southern District of New York
- 1
In Diveley v. Enhanced Recovery, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 60 days.
Annie Diveley and Enhanced Recovery Company, LLC; the action was discontinued after the court was told the parties had settled in principle.
What happened
In Diveley v. Enhanced Recovery Company, LLC, the court was told that the parties had settled the case in principle.
The court discontinued the action without costs to either party and without prejudice to restoring it if an application was made within 60 days. The court also explained that any settlement-enforcement request would require placing the agreement’s terms on the public record and obtaining the court’s approval within that period.
Judge Ronnie Abrams entered the order on January 6, 2021.
The detailed version
- Diveley v. Enhanced Recovery Company, LLC · No. 1:20-cv-11014
- Ronnie Abrams
- Jan. 6, 2021
Background
The court stated that it had been informed that the parties had settled the case in principle. The opinion does not provide the settlement’s terms or explain the underlying claims.
Order
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 60 days. It stated that an application to reopen filed after that period could be denied solely because it was late.
The court further stated that, if the parties wanted the court to retain jurisdiction to enforce their settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 60-day period.
Disposition
The court discontinued the action under the stated conditions. The order did not decide the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.