RLI Insurance Company v. MSC Mediterranean Shipping Company S.A.
- Vyskocil
- 1:20-cv-02469
- U.S. District Court · Southern District of New York
- 1
In RLI Insurance v. MSC Mediterranean Shipping, Judge Vyskocil discontinued the action, allowing restoration by March 12, 2021, or making dismissal with prejudice.
RLI Insurance Company and MSC Mediterranean Shipping Company S.A.; the action was discontinued based on their reported settlement in principle.
What happened
In RLI Insurance Company v. MSC Mediterranean Shipping Company S.A., the parties told the Southern District of New York that they had reached a settlement in principle.
The opinion does not describe the underlying dispute or the settlement’s terms. It states only that RLI Insurance Company brought the action against MSC Mediterranean Shipping Company S.A.
Judge Mary Kay Vyskocil discontinued the action without costs to either party and without prejudice to restoring it if the settlement was not executed and an application to restore the case was made by March 12, 2021. If no such application was made by that date, the dismissal would be with prejudice.
The detailed version
- RLI Insurance Company v. MSC Mediterranean Shipping Company S.A. · No. 1:20-cv-02469
- Vyskocil
- Jan. 26, 2021
Background
RLI Insurance Company sued MSC Mediterranean Shipping Company S.A. The opinion identifies RLI as acting as subrogor of Norton Lilly Logistics LLC, which in turn was acting as subrogor of Kalimera LLC. The opinion does not describe the underlying claims or dispute.
The parties informed the Court that they had reached a settlement in principle.
Disposition
The Court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the Court’s calendar if a settlement agreement was not executed, provided that an application to restore the action was made by March 12, 2021. If no application was made by that date, the dismissal of the action would be with prejudice. The order did not decide the merits of the parties’ underlying dispute.
Effect
The case was conditionally discontinued based on the reported settlement. The order preserved a limited opportunity to restore the action if the settlement was not completed and the restoration request was made by the stated deadline.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.