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S.D.N.Y.Procedural orderFiled Apr. 16, 2021

MERCER v. GLAMSQUAD, INC CAPITAL VACATIONS, LLC

Judge
Valerie Caproni
Docket
1:20-cv-10134
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

Mercer v. GLAMSQUAD was dismissed with prejudice after a settlement, and Judge Caproni closed the case.

Who this affects

Stacey Mercer and GLAMSQUAD, INC CAPITAL VACATIONS, LLC; the case was closed and the parties were not awarded costs or attorneys’ fees.

What happened

In MERCER v. GLAMSQUAD, INC CAPITAL VACATIONS, LLC, the parties told the court they had reached an agreement in principle resolving all issues.

The court cancelled scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, terminated open motions, and closed the case.

Judge Valerie Caproni allowed the parties to seek reopening within 30 days for good cause and explained how they could ask the court to retain authority to enforce their settlement agreement.

The detailed version

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

Case
MERCER v. GLAMSQUAD, INC CAPITAL VACATIONS, LLC · No. 1:20-cv-10134
Judge
Valerie Caproni
Date
Apr. 16, 2021

Background

On April 15, 2021, Stacey Mercer and GLAMSQUAD, INC CAPITAL VACATIONS, LLC notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement’s terms.

Order

The court cancelled 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 order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement, and an application filed after 30 days or without that showing could be denied on that basis alone. The order also stated that, if the parties wanted the court to retain 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.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs or attorneys’ fees to either party, and directed that the case be closed. The opinion does not decide the underlying issues because the dismissal followed the parties’ reported agreement in principle.

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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