Park v. Thornton Tomasetti, Inc.
- Valerie Caproni
- 1:21-cv-09015
- U.S. District Court · Southern District of New York
- 2
In Park v. Thornton Tomasetti, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a limited reopening request.
Julius Park and Thornton Tomasetti, Inc.; the case was closed after their agreement in principle, subject to the order’s 30-day reopening and settlement-enforcement provisions.
What happened
Park v. Thornton Tomasetti, Inc. was dismissed after the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, terminated all open motions, and directed the Clerk to close the case. It did not describe the underlying claims or the settlement’s terms.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The parties could ask to reopen the case within 30 days by showing good cause, and they could ask the court to retain authority to enforce their settlement by submitting the agreement and a specific request within that same period.
The detailed version
- Park v. Thornton Tomasetti, Inc. · No. 1:21-cv-09015
- 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. The order does not identify the underlying claims or describe the agreement’s terms.
Court’s Action
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 of Court was directed to terminate all open motions and close the case.
The order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement, and a request filed after 30 days or without a showing of good cause could be denied on that basis alone.
The parties could also ask the court to retain jurisdiction—the court’s authority—to enforce their settlement agreement. To do so, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Disposition
The court dismissed the case with prejudice and without costs to either party, while permitting the specified 30-day applications to reopen the case or request continuing authority to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.