Brown v. Happy Star Bakery Inc.
- Valerie Caproni
- 1:20-cv-10579
- U.S. District Court · Southern District of New York
- 2
In Brown v. Happy Star Bakery, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a limited 30-day reopening request.
Plaintiff Altaune Brown and defendants Happy Star Bakery Inc. and Hoo Lee Inc.; the case was closed after the parties reported an agreement in principle.
What happened
In Brown v. Happy Star Bakery Inc. and Hoo Lee Inc., the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled the scheduled conferences and other deadlines after receiving that notice. The order does not describe the underlying claims or the settlement’s terms.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, and closed it. 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.
The detailed version
- Brown v. Happy Star Bakery Inc. · No. 1:20-cv-10579
- Valerie Caproni
- May 17, 2021
Background
On May 14, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not identify the 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.
The order allowed the parties to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open in light of the settlement. The court warned that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.
The parties could also ask the court to retain jurisdiction, meaning authority, to enforce their settlement agreement. To do so, they had to submit the settlement agreement and request an order expressly retaining that authority within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.