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S.D.N.Y.Procedural orderFiled Jan. 19, 2022

Clermont v. Alboro National NJ, LLC

Judge
Andrew Carter
Docket
1:20-cv-11121
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Clermont v. Alboro National NJ, LLC, Judge Carter approved a fair settlement and dismissed the entire case with prejudice, without fees or costs except as agreed.

Who this affects

Plaintiff Frandy Clermont and defendants Alboro National NJ, LLC and Abe Schwebel were affected by the court’s approval of their settlement and dismissal of the entire case with prejudice.

What happened

In Clermont v. Alboro National NJ, LLC, the court reviewed the parties’ settlement agreement after receiving the plaintiff’s December 31, 2021 submission. The opinion does not describe the underlying claims or the settlement’s terms.

The court found the settlement fair and reasonable and approved it. The court then ordered the entire case dismissed with prejudice, meaning it cannot be refiled, and ordered that no fees or costs be awarded except those agreed to by the parties.

Judge Andrew L. Carter, Jr. entered the order on January 19, 2022.

The detailed version

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

Case
Clermont v. Alboro National NJ, LLC · No. 1:20-cv-11121
Judge
Andrew Carter
Date
Jan. 19, 2022

Background

The court received the plaintiff’s submission dated December 31, 2021, identified as ECF No. 21. The submission included a settlement agreement. The opinion does not describe the claims or the agreement’s specific terms.

Settlement Review

The court reviewed the settlement agreement as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The court found that the agreement was fair and reasonable and approved the settlement.

Disposition

The court ordered the entire case dismissed with prejudice. It also ordered that no fees or costs be awarded except as agreed to by the parties. Judge Andrew L. Carter, Jr. signed the order on January 19, 2022.

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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