Monegro v. DIY Media Group, Inc.
- Valerie Caproni
- 1:20-cv-08552
- U.S. District Court · Southern District of New York
- 2
In Monegro v. DIY Media Group, Judge Caproni dismissed the settled case with prejudice and without costs, allowing reopening within 30 days for good cause.
Frankie Monegro, the others he sought to represent, and DIY Media Group, Inc.; the case was closed under the parties’ agreement in principle, with no settlement terms stated in the opinion.
What happened
In Monegro v. DIY Media Group, Inc., Frankie Monegro brought the case on behalf of himself and others similarly situated against DIY Media Group, Inc. The parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines. It also directed the Clerk of Court to terminate all open motions and close the case.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The parties could ask to reopen the case within 30 days by showing good cause; they also had 30 days to ask the court to retain jurisdiction to enforce their settlement agreement.
The detailed version
- Monegro v. DIY Media Group, Inc. · No. 1:20-cv-08552
- Valerie Caproni
- Jan. 22, 2021
Background
Frankie Monegro sued DIY Media Group, Inc. on behalf of himself and all others similarly situated. On January 21, 2021, the parties informed the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the settlement’s 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 of Court was directed to terminate all open motions and close the case.
The parties could apply to reopen the case within 30 days. The application had to show good cause for keeping the case open despite the settlement, and a request filed after 30 days or without a showing of good cause could be denied solely on that basis. If the parties wanted the court to retain authority to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Classification
This is a procedural order because the court dismissed the case following the parties’ agreement and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.