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S.D.N.Y.Procedural orderFiled Mar. 1, 2021

Building Service 32BJ Health Fund v. LB&B Associates Inc.

Judge
Ronnie Abrams
Docket
1:20-cv-10136
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

Building Service 32BJ Health Fund v. LB&B Associates, Judge Abrams, discontinued the action without costs and without prejudice to restoration within 60 days after a reported settlement.

Who this affects

The plaintiff and defendant are affected: the action was discontinued, with a 60-day period to seek restoration, and the Court set conditions for retaining jurisdiction to enforce any settlement agreement.

What happened

Building Service 32BJ Health Fund v. LB&B Associates involved a case the court was told had been settled in principle.

The court discontinued the action without costs to either party. The parties could ask to restore the case within 60 days, and any later request could be denied solely because it was late.

Judge Ronnie Abrams also adjourned the scheduled conference indefinitely. The court would retain authority to enforce the settlement only if its terms were made public and formally approved by the court within the same 60-day period.

The detailed version

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

Case
Building Service 32BJ Health Fund v. LB&B Associates Inc. · No. 1:20-cv-10136
Judge
Ronnie Abrams
Date
Mar. 1, 2021

Background

The Court was informed that the parties had settled the case in principle. The opinion does not describe the underlying claims or the terms of the proposed settlement.

Disposition

Judge Ronnie Abrams ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the Court’s docket if an application was made within 60 days. The order states that an application to reopen filed after that period may be denied solely because it was late.

The order also stated that, if the parties wanted the Court to retain jurisdiction to enforce a settlement agreement, they had to place the agreement’s terms on the public record and obtain the Court’s formal approval within the same 60-day period. The conference scheduled for March 19, 2021 was adjourned indefinitely.

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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