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S.D.N.Y.Procedural orderFiled Mar. 22, 2021

BMO Harris Bank N.A. v. The Gehr Group, Inc.

Judge
Ronnie Abrams
Docket
1:20-cv-08568
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In BMO Harris Bank v. The Gehr Group, Judge Abrams discontinued the settled action without costs and allowed restoration within 30 days.

Who this affects

BMO Harris Bank N.A. and The Gehr Group, Inc.; the action was closed after the parties reported reaching a settlement.

What happened

BMO Harris Bank N.A. v. The Gehr Group, Inc. ended after the parties reported that they had reached a settlement agreement.

The order does not describe the underlying claims or the settlement’s terms. It states that the case could be restored if an application was made within 30 days.

Judge Ronnie Abrams discontinued the action without costs to either party and directed the Clerk of Court to close the case. Any request for the court to retain jurisdiction to enforce the settlement had to be placed on the public record and approved by the court within 30 days.

The detailed version

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

Case
BMO Harris Bank N.A. v. The Gehr Group, Inc. · No. 1:20-cv-08568
Judge
Ronnie Abrams
Date
Mar. 22, 2021

Background

The court stated that the parties had reported reaching a settlement agreement. The opinion does not identify the underlying claims or provide the settlement’s terms.

Ruling

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 to restore the action was made within 30 days. The order stated that any application to reopen filed after that period could be denied solely because it was late.

The court also stated that, if the parties wanted the court to retain jurisdiction to enforce the settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.

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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