Rivera v. Clase
- Valerie Caproni
- 1:21-cv-08505
- U.S. District Court · Southern District of New York
- 2
In Rivera v. Clase, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day application to reopen.
The parties, Yesenia Rivera and Patricia Clase, whose case was dismissed with prejudice after they reported reaching an agreement in principle.
What happened
In Rivera v. Clase, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the clerk to close the case.
Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause and to ask the court to retain authority to enforce their settlement agreement if they submitted the required materials.
The detailed version
- Rivera v. Clase · No. 1:21-cv-08505
- Valerie Caproni
- Feb. 14, 2022
Background
On February 11, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues.
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
Within 30 days, the parties could apply to reopen the case. The application had to show good cause for keeping the case open despite the settlement, and requests filed after 30 days or without a showing of good cause could be denied on that basis alone.
The court also stated that, if the parties wanted the court to retain authority to enforce their settlement agreement, they had to 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.