Thorne v. West Paw, Inc.
- Valerie Caproni
- 1:20-cv-09440
- U.S. District Court · Southern District of New York
- 2
In Thorne v. West Paw, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing 30 days to seek reopening.
Braulio Thorne, the persons he sought to represent, and West Paw, Inc.; the order ended the case based on the parties’ agreement in principle without addressing the merits.
What happened
In Thorne v. West Paw, Inc., the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the agreement’s terms.
The court cancelled scheduled conferences and deadlines, dismissed the case with prejudice and without costs—including attorneys’ fees—and directed the clerk to close the case and terminate open motions. The parties could ask to reopen the case within 30 days by showing good cause.
Judge Valerie Caproni also stated that the parties could ask the court to retain authority to enforce their settlement agreement if they submitted the agreement and a proper request within the same 30-day period.
The detailed version
- Thorne v. West Paw, Inc. · No. 1:20-cv-09440
- Valerie Caproni
- Mar. 3, 2021
Background
On March 2, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not provide the agreement’s terms or otherwise describe the claims’ merits.
Order
The court cancelled 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. Such an application had to show good cause for keeping the case open in light of the parties’ settlement, and the court warned that a late request or one lacking a showing of good cause could be denied on that basis alone.
The order further stated that, if the parties wanted the court to retain jurisdiction—meaning authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, closed the case, and provided limited procedures for seeking reopening or court authority to enforce the settlement agreement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.