Gasperi v. PB Hudson LLC
- Laura Swain
- 1:19-cv-09309
- U.S. District Court · Southern District of New York
- 1
In Gasperi v. PB Hudson LLC, Judge Swain ordered the parties to clarify whether their proposed dismissal resulted from a settlement.
Carlos Gasperi and the defendants, including PB Hudson LLC, were required to provide the joint letter and, if applicable, submit the settlement agreement for approval.
What happened
In Gasperi v. PB Hudson LLC, the parties filed an agreement to voluntarily dismiss the case under Federal Rule of Civil Procedure 41.
The court ordered the parties to file a joint letter within 10 days stating whether the proposed dismissal was based on a settlement.
If it was based on a settlement, Judge Laura Taylor Swain ordered the parties to submit the settlement agreement within 45 days for review of whether it was fair and reasonable, supported by a declaration and other necessary evidence.
The detailed version
- Gasperi v. PB Hudson LLC · No. 1:19-cv-09309
- Laura Swain
- Mar. 8, 2021
Background
The parties filed a stipulation of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). A stipulation is an agreement filed by the parties; the order does not state that the court had entered the dismissal.
Court’s Order
The court ordered the parties to file a joint letter within 10 days stating whether the proposed dismissal was pursuant to a settlement. If the dismissal was based on a settlement, the parties were ordered to file the proposed settlement agreement within 45 days of the order for court approval of whether the agreement was fair and reasonable. The request for approval had to include a declaration and any other evidence needed to support that determination. The order cited Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 205 (2d Cir. 2015).
Disposition
The order required the parties to provide the additional information and, if applicable, seek approval of their settlement. It did not decide the underlying claims or state that the case was dismissed. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.