Zuckerman v. GW Acquisition LLC
- Valerie Caproni
- 1:20-cv-08742
- U.S. District Court · Southern District of New York
- 2
In Zuckerman v. GW Acquisition LLC, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing limited reopening.
The parties to the case: Ariel Zuckerman, GW Acquisition LLC doing business as G&W Industries, Michael Marinoff, and Albert Maleh. The dismissal ended the case with prejudice and without costs, while preserving a 30-day opportunity to seek reopening or court authority to enforce the settlement under the stated conditions.
What happened
In Zuckerman v. GW Acquisition LLC, the parties told the court that they had reached an agreement in principle resolving all issues.
The court cancelled all scheduled conferences and other deadlines, terminated all open motions, and directed the clerk to close the case.
Judge Caproni dismissed the case with prejudice and without costs, including attorneys’ fees. The parties may ask to reopen the case within 30 days if they show good cause; they may also ask the court to retain authority to enforce their settlement by submitting the agreement and a proper request within that period.
The detailed version
- Zuckerman v. GW Acquisition LLC · No. 1:20-cv-08742
- Valerie Caproni
- Jan. 19, 2022
Background
The plaintiff is Ariel Zuckerman. The defendants are GW Acquisition LLC doing business as G&W Industries, Michael Marinoff in his individual and professional capacities, and Albert Maleh in his individual and professional capacities. The opinion states that, on January 18, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. It does not describe the underlying claims or the settlement terms.
Court’s Order
The court cancelled 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
Within 30 days, the parties may apply to reopen the case. The application must show good cause for holding the case open in light of the settlement. A request filed after 30 days or without a showing of good cause may be denied solely on that basis. If the parties want the court to retain jurisdiction—that is, authority—to enforce the settlement agreement, they must submit the 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.