Miller v. Morningside Advisors, LLC
- Valerie Caproni
- 1:21-cv-05968
- U.S. District Court · Southern District of New York
- 2
In Miller v. Morningside Advisors, LLC, Judge Caproni canceled deadlines after a settlement agreement in principle and ordered dismissal with prejudice unless a party objected.
The plaintiffs, Dan Miller and Bobbi Viegas Miller, and the defendants, Townsquare Media, Inc., Morningside Advisors, LLC, and Alfredo Carrillo. The order also canceled the parties’ scheduled conferences and deadlines.
What happened
In Miller v. Morningside Advisors, LLC, the parties told the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the settlement’s terms.
The court canceled all previously scheduled conferences and other deadlines. It ordered that the case would be dismissed with prejudice and without costs, including attorneys’ fees, on February 21, 2022, unless a party filed a letter before that date explaining why the case should not be dismissed.
Judge Valerie Caproni also said that the parties had to submit their settlement agreement and ask the court to retain jurisdiction by February 14, 2022, if they wanted the court to enforce the settlement later. The order did not immediately dismiss the action.
The detailed version
- Miller v. Morningside Advisors, LLC · No. 1:21-cv-05968
- Valerie Caproni
- Jan. 21, 2022
Background
Dan Miller and Bobbi Viegas Miller sued Townsquare Media, Inc., Morningside Advisors, LLC, and Alfredo Carrillo. On January 20, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the settlement’s terms or explain the claims.
Order
The court canceled all previously scheduled conferences and other deadlines. It ordered that the action would be dismissed with prejudice and without costs, including attorneys’ fees, to either party on February 21, 2022, unless one or more parties filed a letter before that date requesting that the action not be dismissed and explaining why dismissal was inappropriate in light of the settlement. The court warned that a request filed on or after February 21 could be denied solely because it was late.
The court also stated that, if the parties wanted it to retain jurisdiction—meaning authority to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining jurisdiction by February 14, 2022. The opinion does not state whether the parties later filed such materials or whether the scheduled dismissal ultimately occurred.
Disposition
This order canceled the scheduled proceedings and set a conditional dismissal with prejudice. It did not decide the underlying claims on their merits. Judge Valerie Caproni signed the order on January 21, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.