Gonzalez v. Kitano Arms Corporation
- Valerie Caproni
- 1:21-cv-03145
- U.S. District Court · Southern District of New York
- 2
In Gonzalez v. Kitano Arms, Judge Caproni dismissed the settled case with prejudice, without costs, while allowing limited reopening requests within 30 days.
Jesus Gonzalez and Kitano Arms Corporation, whose settled case was dismissed with prejudice and without costs to either party.
What happened
In Gonzalez v. Kitano Arms Corporation, the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or settlement terms.
The court canceled all scheduled conferences and other deadlines, dismissed the case with prejudice, and ordered that neither party pay costs or attorneys’ fees. The clerk was directed to close the case and terminate pending motions.
Judge Caproni allowed the parties to seek reopening within 30 days if they showed good cause. They could also ask the court to retain authority to enforce their settlement by submitting the agreement and a request within that same period.
The detailed version
- Gonzalez v. Kitano Arms Corporation · No. 1:21-cv-03145
- Valerie Caproni
- July 8, 2021
Background
On July 7, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not identify the claims or provide the terms of the agreement.
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 was directed to terminate all open motions and close the case.
Reopening and Settlement Enforcement
The parties were permitted to apply to reopen the case within 30 days. Any application had to show good cause for keeping the case open despite the settlement. The court stated that an application 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, continuing authority—to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Disposition
The court dismissed Gonzalez v. Kitano Arms Corporation with prejudice and without costs to either party. Judge Valerie Caproni directed that the case be closed, subject to the stated 30-day procedures.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.