Smith v. ViacomCBS, Inc.
- Valerie Caproni
- 1:21-cv-01860
- U.S. District Court · Southern District of New York
- 2
In Smith v. ViacomCBS, Judge Caproni dismissed the case with prejudice after an agreement in principle, allowing 30 days to seek reopening for good cause.
Jacqueline Smith and ViacomCBS Inc.; the case was closed after the parties reported an agreement in principle, subject to the order’s 30-day procedures for reopening or retaining jurisdiction to enforce the settlement.
What happened
Smith v. ViacomCBS, Inc. ended after the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees, terminated open motions, and closed the case. The parties could ask to reopen it within 30 days by showing good cause.
Judge Valerie Caproni also stated that the parties could ask the court to retain authority to enforce their settlement if they submitted the agreement and a request within the same 30-day period.
The detailed version
- Smith v. ViacomCBS, Inc. · No. 1:21-cv-01860
- Valerie Caproni
- Apr. 15, 2021
Background
Jacqueline Smith and ViacomCBS Inc. notified the court that they had reached an agreement in principle resolving all issues in the case.
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 of the order. Any application had to show good cause for keeping the case open despite the settlement. The order states that a request filed after 30 days or without a showing of good cause could be denied on that basis alone.
The court also stated that, if the parties wanted the court to retain jurisdiction—meaning authority to enforce the settlement agreement—they had to submit the settlement agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice, without costs or attorneys’ fees, and directed that the case be closed. The order did not decide the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.