Deleston v. 2671 S & C Pizza Corp.
- Ronnie Abrams
- 1:19-cv-10050
- U.S. District Court · Southern District of New York
- 1
In Deleston v. 2671 S & C Pizza Corp., Judge Abrams discontinued the settled case and dismissed a pending motion without prejudice.
The plaintiff, Jermaine Deleston, and defendants 2671 S & C Pizza Corp. doing business as Sal and Carmine Pizza, and 2669 Owners Ltd.; the action was discontinued while the parties finalized their settlement.
What happened
In Deleston v. 2671 S & C Pizza Corp., the court was told that the parties had settled in principle and were finalizing a written settlement agreement.
The court discontinued the action without costs to any party and allowed a request to restore it to the docket if made within 30 days. The court also adjourned the January 13, 2021 conference and dismissed the pending motion without prejudice to renewing it if the case is reopened.
Judge Ronnie Abrams entered the order on January 12, 2021. The parties could ask the court to retain authority to enforce the settlement only if its terms were placed on the public record and approved by the court within the same 30-day period.
The detailed version
- Deleston v. 2671 S & C Pizza Corp. · No. 1:19-cv-10050
- Ronnie Abrams
- Jan. 12, 2021
Background
The court stated that it had been informed that the case had settled in principle and that the parties were finalizing a settlement agreement. The opinion does not describe the claims or the terms of the proposed settlement.
Court’s 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 30 days. Any application to reopen filed after that 30-day period could be denied solely because it was late.
If the parties wanted the court to retain jurisdiction—meaning continuing authority—to enforce the settlement agreement, they had to place the agreement’s terms on the public record and obtain the court’s approval within the same 30-day period.
The court adjourned the conference scheduled for January 13, 2021 without setting a new date. It also dismissed the motion pending at docket entry 25 without prejudice to renewing that motion if the action was reopened, and directed the Clerk of Court to terminate the motion.
Result
The court discontinued the action and dismissed the docket-entry-25 motion without prejudice on the stated terms. The order did not decide the underlying claims or the merits of the parties’ dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.