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S.D.N.Y.Procedural orderFiled Jan. 21, 2021

AmTrust North America, Inc. v. Securranty, Inc.

Judge
James Cott
Docket
1:20-cv-01166
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In AmTrust North America v. Securranty, Judge Cott directed the parties to file settlement-dismissal papers after reaching a settlement.

Who this affects

AmTrust North America, Inc. and Securranty, Inc., the parties to the settlement.

What happened

AmTrust North America, Inc. v. Securranty, Inc. reached a settlement during a court-held settlement conference. The parties also agreed to consent to the magistrate judge’s jurisdiction and asked the court to keep authority to enforce the settlement.

The court directed the parties to file a consent form and a dismissal agreement or similar document stating, among other things, that the court would retain authority to enforce the settlement. The filing was due by February 22, 2021.

Judge James L. Cott issued the order on January 21, 2021. The order directed the parties to submit the required papers; it did not itself dismiss the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
AmTrust North America, Inc. v. Securranty, Inc. · No. 1:20-cv-01166
Judge
James Cott
Date
Jan. 21, 2021

Background The court held a settlement conference in the case. AmTrust North America, Inc. and Securranty, Inc. reached a settlement. The parties also agreed to consent to Judge Cott’s jurisdiction and asked the court to retain jurisdiction, meaning legal authority, to enforce the settlement.

Order The court directed the parties to file a consent form and a stipulation and order of dismissal, or an equivalent document, by February 22, 2021. The document was required to provide, among other things, that the court would retain jurisdiction to enforce the settlement.

The order cited Second Circuit precedent stating that a court can retain authority to enforce a settlement when its dismissal order either expressly retains that authority or incorporates the settlement’s terms. The opinion does not state the settlement’s terms or the underlying claims.

Disposition Judge James L. Cott ordered the parties to submit the required consent and settlement-dismissal papers. The order did not itself state that the case was dismissed.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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