Johnson v. Amazing Paint Party LLC
- Valerie Caproni
- 1:21-cv-03659
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Amazing Paint Party LLC, Judge Caproni dismissed the case with prejudice as to two defendants and ordered a default-judgment application against another defendant.
Amazing Paint Party LLC and Ray Tennyson were dismissed from the case with prejudice and without costs. Johnson was required to seek a default judgment against Stella And Bobbie LLC by March 4, 2022, or face dismissal as to that defendant for failure to prosecute.
What happened
In Johnson v. Amazing Paint Party LLC, the parties told the court they had reached an agreement in principle resolving all issues involving Amazing Paint Party LLC and Ray Tennyson. The order does not describe the agreement’s terms.
The court canceled all scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, as to Amazing Paint Party LLC and Ray Tennyson only.
Judge Valerie Caproni also ordered Johnson to apply for a default judgment against Stella And Bobbie LLC by March 4, 2022. The order says the case could be dismissed as to that defendant for failure to prosecute if Johnson did not apply on time, and it allowed the parties 30 days to seek to reopen the case or ask the court to retain jurisdiction to enforce the settlement.
The detailed version
- Johnson v. Amazing Paint Party LLC · No. 1:21-cv-03659
- Valerie Caproni
- Feb. 23, 2022
Background
On February 22, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues involving Amazing Paint Party LLC and Ray Tennyson only. The order does not provide the settlement terms or state that the agreement had been fully executed.
Rulings
The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, as to Amazing Paint Party LLC and Ray Tennyson only. The Clerk of Court was directed to terminate those parties.
The order allowed the parties to apply within 30 days to reopen the case. Any such application had to show good cause for keeping the case open in light of the settlement. The order also stated that, if the parties wanted the court to retain jurisdiction to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
The court separately ordered Johnson to apply for a default judgment against Stella And Bobbie LLC by March 4, 2022, following the procedures in the judge’s Individual Practices. If Johnson did not do so, the case would be dismissed as to Stella And Bobbie LLC for failure to prosecute. The order does not state a disposition as to Does 1-10.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.