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S.D.N.Y.Procedural orderFiled Jan. 29, 2021

Hartford Fire Insurance Co. v. Cosco Shipping Lines, Co., Ltd.

Judge
Valerie Caproni
Docket
1:20-cv-07171
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Hartford Fire v. Cosco Shipping, Judge Caproni dismissed the settled case with prejudice, while allowing limited reopening requests within 30 days.

Who this affects

The parties to the case were affected by the dismissal, cancellation of deadlines, allocation of costs and attorneys’ fees, and the 30-day procedures for reopening the case or requesting continuing authority to enforce the settlement.

What happened

Hartford Fire Insurance Co. v. Cosco Shipping Lines, Co., Ltd. involved a dispute that the parties told the court they had agreed in principle to resolve.

The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice, and ordered that neither side receive costs or attorneys’ fees. The clerk was directed to close the case and terminate pending motions.

Judge Valerie Caproni allowed either party to seek reopening within 30 days by showing good cause. Judge Caproni also said the parties could ask the court to keep power to enforce their settlement by submitting the agreement and a separate request within that same period.

The detailed version

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

Case
Hartford Fire Insurance Co. v. Cosco Shipping Lines, Co., Ltd. · No. 1:20-cv-07171
Judge
Valerie Caproni
Date
Jan. 29, 2021

Background

On January 28, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the underlying dispute or the settlement’s terms.

Order

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 was directed to terminate all open motions and close the case.

The parties were permitted to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the settlement. The court stated that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.

The court also explained that, if the parties wanted the court to retain jurisdiction—meaning continuing authority—to enforce their settlement agreement, they had to submit the settlement agreement under Rule 6.A of the court’s Individual Practices and request an order expressly retaining that authority within the same 30-day period.

Disposition

The court dismissed the case with prejudice and without costs, canceled the existing schedule, terminated open motions, and closed the case. Judge Valerie Caproni did not decide the underlying dispute on its merits.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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