American Express National Bank v. Brand Export, LLC
- Valerie Caproni
- 1:20-cv-10637
- U.S. District Court · Southern District of New York
- 2
In American Express National Bank v. Brand Export, LLC, Judge Caproni dismissed the settled case with prejudice and without costs.
American Express National Bank, Brand Export, LLC d/b/a Brand Export Packing, and Kevin Shoemaker; the case was closed, and neither party was awarded costs or attorneys’ fees.
What happened
American Express National Bank v. Brand Export, LLC involved a case in which 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, closed the case, and terminated all open motions. The parties could ask to reopen the case within 30 days by showing good cause.
Judge Valerie Caproni also stated that the court could retain authority to enforce the settlement if the parties submitted their agreement and requested that authority within the same 30-day period.
The detailed version
- American Express National Bank v. Brand Export, LLC · No. 1:20-cv-10637
- Valerie Caproni
- Jan. 11, 2021
Background
On January 8, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement terms.
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. Any such application had to show good cause for keeping the case open in light of the settlement. Requests filed after 30 days or without a showing of good cause could be denied on that basis.
The court also stated that, if the parties wanted the court to retain jurisdiction—meaning authority to enforce the settlement agreement—they had to submit the settlement agreement and request an order expressly retaining that jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, canceled the scheduled proceedings and deadlines, terminated the open motions, and directed that the case be closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.