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S.D.N.Y.Procedural orderFiled June 24, 2021

Berry v. Sanders

Judge
Ronnie Abrams
Docket
1:19-cv-11810
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Berry v. Sanders, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.

Who this affects

Daniel Antonio Berry, Darrin L. Sanders, and Evans Delivery Company, Inc.; the case was closed after the parties reported a settlement in principle, subject to the stated 30-day restoration procedure.

What happened

Berry v. Sanders was reported to have settled in principle. The order does not describe the claims or settlement terms.

The court discontinued the action without costs to any party. The case could be restored to the court’s docket if an application was made within 30 days of the order.

Judge Ronnie Abrams directed the Clerk of Court to close the case and stated that any settlement terms requiring the court to retain enforcement jurisdiction had to be placed on the public record and approved by the court within the same 30-day period.

The detailed version

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

Case
Berry v. Sanders · No. 1:19-cv-11810
Judge
Ronnie Abrams
Date
June 24, 2021

Background

The court stated that the parties had reported that the case had settled in principle. The order does not identify the underlying claims or provide the settlement’s terms.

Disposition

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore the action was made within 30 days. It stated that an application filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

Settlement Enforcement

The court stated that, if the parties wanted it to retain jurisdiction to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period.

Judge

Judge Ronnie Abrams entered the order on June 24, 2021.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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