Xanthakos v. City University of New York
- Valerie Caproni
- 1:17-cv-09829
- U.S. District Court · Southern District of New York
- 2
In Xanthakos v. City University of New York, Judge Caproni dismissed the settled case with prejudice and without costs.
The dismissal affected plaintiff Kay Xanthakos and defendants City University of New York, Judith Bergtraum, Robert Lemieux, and Ali Vedavarz. The case was closed, with no costs or attorneys’ fees awarded to either party, subject to the stated 30-day procedures for reopening or requesting continued jurisdiction to enforce the settlement.
What happened
In Xanthakos v. City University of New York, the court was notified that the parties had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, terminated all open motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause or to ask the court to retain jurisdiction to enforce their settlement agreement, if they submitted the required materials.
The detailed version
- Xanthakos v. City University of New York · No. 1:17-cv-09829
- Valerie Caproni
- Apr. 5, 2021
Background
The court received notice from the magistrate judge that the parties had reached an agreement in principle resolving all issues. The opinion does not state the terms of that agreement.
Ruling
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.
Possible Reopening or Enforcement
The parties could apply within 30 days to reopen the case, but the application had to show good cause for keeping the case open in light of 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.
If the parties wanted the court to retain jurisdiction to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.