Andrews v. Green
- Valerie Caproni
- 1:19-cv-05622
- U.S. District Court · Southern District of New York
- 2
In Andrews v. Green, Judge Caproni dismissed Andrews’s claims against four settling defendants after a partial settlement, subject to a 30-day reopening request.
Michael D. Andrews’s claims against Robert Occean, Deon Cordon, Ronisha Morris, and Raheem Walter were dismissed, and those four individuals were terminated as defendants. The order also affected the settling parties’ ability to seek reopening or court enforcement of their settlement agreement within 30 days.
What happened
Andrews v. Green involved a partial settlement reached after the parties attended a settlement conference before Magistrate Judge Cott.
The court dismissed Michael D. Andrews’s claims against Robert Occean, Deon Cordon, Ronisha Morris, and Raheem Walter, and directed the Clerk to terminate them as defendants. The settling parties could ask to reopen the case between them within 30 days if they showed good cause.
Judge Valerie Caproni also said the settling parties could ask the court to retain authority to enforce their settlement agreement, but they had to submit the agreement and a request within the same 30-day period.
The detailed version
- Andrews v. Green · No. 1:19-cv-05622
- Valerie Caproni
- Mar. 20, 2021
Background
On March 19, 2021, the parties attended a settlement conference before Magistrate Judge Cott and agreed to a partial settlement of the action.
Ruling
The court ordered that Plaintiff Michael D. Andrews’s claims against Defendants Robert Occean, Deon Cordon, Ronisha Morris, and Raheem Walter were dismissed. It directed the Clerk of Court to terminate those individuals as defendants in the action.
The order allowed Andrews and the settling defendants to apply within 30 days to reopen the action between them. 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 order also stated that, if the settling parties wanted the court to retain jurisdiction—authority to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Effect of the Order
The order resolved Andrews’s claims against the four identified settling defendants and terminated them from the case. The opinion does not state a dismissal qualifier such as with prejudice or without prejudice, and it does not describe the disposition of claims against any other defendants. Judge Valerie Caproni issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.