Rechnitz v. Bernstein
- Valerie Caproni
- 1:21-cv-00364
- U.S. District Court · Southern District of New York
- 2
In Rechnitz v. Bernstein, Judge Caproni dismissed the case with prejudice and without costs after the parties reported an agreement in principle.
Joshua Rechnitz, Robert Bernstein, and Northeast Farm Access 1, LLC; the case was closed after the parties reported an agreement in principle, subject to the order’s 30-day procedures for reopening or retaining authority to enforce the settlement.
What happened
In Rechnitz v. Bernstein, Joshua Rechnitz, Robert Bernstein, and Northeast Farm Access 1, LLC told the court that they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, terminated open motions, and closed the case. The parties could ask to reopen the case within 30 days by showing good cause. They could also ask the court to retain authority to enforce their settlement by submitting the agreement and a specific request within that period.
Judge Valerie Caproni entered the order on April 29, 2021. The order does not describe the underlying claims or the settlement terms.
The detailed version
- Rechnitz v. Bernstein · No. 1:21-cv-00364
- Valerie Caproni
- Apr. 29, 2021
Background
On April 28, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not identify the underlying claims or provide the terms of the agreement.
Court’s Action
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
Within 30 days, the parties could apply to reopen the case. The application had to show good cause for keeping the case open despite the parties’ settlement, and 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—that is, 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 and without costs, terminated the open motions, and directed that the case be closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.