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S.D.N.Y.Procedural orderFiled Mar. 18, 2021

Mark Seliger v. Fox Corporation

Judge
Valerie Caproni
Docket
1:21-cv-00632
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Mark Seliger v. Fox Corporation, Judge Caproni dismissed the case with prejudice after reported settlement, without costs to either party.

Who this affects

The order affected Mark Seliger and the defendants Fox Corporation, Fox News Network, LLC, and Does 1–10 by dismissing the case with prejudice, ending scheduled proceedings, and setting conditions for any request to reopen or retain enforcement jurisdiction.

What happened

Mark Seliger sued Fox Corporation, Fox News Network, LLC, and unidentified defendants. The court received a mediator’s report stating that the parties had reached an agreement in principle resolving all issues after court-ordered mediation.

The court canceled the scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, terminated all open motions, and closed the case. The parties could ask to reopen the case within 30 days if they showed good cause. They could also ask the court to retain authority to enforce their settlement by submitting the agreement and a separate request within that period.

Judge Valerie Caproni issued the order on March 18, 2021. The order did not decide the underlying claims.

The detailed version

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

Case
Mark Seliger v. Fox Corporation · No. 1:21-cv-00632
Judge
Valerie Caproni
Date
Mar. 18, 2021

Background

The plaintiff was Mark Seliger. The defendants were Fox Corporation, Fox News Network, LLC, and Does 1–10. The court stated that it had received a final report from the mediator indicating that the parties reached an agreement in principle resolving all issues after court-ordered mediation. The opinion states that the report was received on March 17, 2020, although the order itself is dated March 18, 2021.

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 of Court 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 settlement. The order stated that a request filed after 30 days or without a showing of good cause could be denied on that basis alone.

The order also stated that, if the parties wanted the court to retain jurisdiction—that is, continuing 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.

What the Court Decided

Judge Valerie Caproni dismissed the case with prejudice and without costs to either party. The order resolved the case based on the parties’ reported agreement in principle and did not decide the merits of the underlying claims.

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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