Cardaci v. Van Eck Associates Corporation
- Ronnie Abrams
- 1:18-cv-09705
- U.S. District Court · Southern District of New York
- 1
In Cardacti v. Van Eck Associates Corp., Judge Abrams discontinued the settled-in-principle case without prejudice and dismissed one motion without prejudice.
The parties to the case, including Catherine Cardacti and Van Eck Associates Corp., were affected by the discontinuance, the 60-day restoration period, the dismissal of the pending motion, and the adjournment of the scheduled proceedings.
What happened
Cardacti v. Van Eck Associates Corp. was reported to have been settled in principle. The opinion does not describe the settlement’s terms or decide the parties’ underlying dispute.
The court discontinued the case without costs to any party and without prejudice to restoring it if an application was made within 60 days. The court also dismissed the motion at Docket 60 without prejudice to renewing it if the parties later moved to reopen the case.
Judge Ronnie Abrams adjourned the scheduled pretrial conference, trial, and all current filing deadlines without setting a new date. The case could be restored within 60 days, and the court could retain authority to enforce a settlement only if its terms were publicly filed and approved within that period.
The detailed version
- Cardaci v. Van Eck Associates Corporation · No. 1:18-cv-09705
- Ronnie Abrams
- Jan. 12, 2021
Background
The court stated that it had been informed that the case was settled in principle. The order does not provide the settlement terms and does not resolve the underlying claims.
Rulings
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore the case was made within 60 days. “Without prejudice” meant that the stated restoration option remained available during that period.
The court dismissed the motion at Docket 60 without prejudice to its renewal if the parties moved to reopen the case. The Clerk of Court was directed to terminate that motion.
Scheduling and Settlement Enforcement
The court adjourned the April 30, 2021 pretrial conference, the trial scheduled for the week of May 3, 2021, and all current filing deadlines without setting new dates. If the parties wanted the court to retain authority to enforce a 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 action was discontinued without costs and without prejudice to timely restoration. The motion at Docket 60 was dismissed without prejudice. 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.