Mercer v. Sakura Sushi & Thai Cuisine Inc.
- Valerie Caproni
- 1:21-cv-08406
- U.S. District Court · Southern District of New York
- 2
Mercer v. Sakura Sushi & Thai Cuisine Inc.: Judge Caproni dismissed the settled case with prejudice, without costs, and closed it.
Stacey Mercer, Sakura Sushi & Thai Cuisine Inc., and RFSC, Inc.; the case was dismissed and closed under the court’s settlement order.
What happened
In Mercer v. Sakura Sushi & Thai Cuisine Inc., the parties told the court they had reached an agreement in principle resolving all issues. The court cancelled the scheduled conferences and deadlines.
The court dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. It directed the Clerk to terminate open motions and close the case.
Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause or to ask the court to retain jurisdiction to enforce their settlement agreement, subject to specified filings.
The detailed version
- Mercer v. Sakura Sushi & Thai Cuisine Inc. · No. 1:21-cv-08406
- Valerie Caproni
- Mar. 15, 2022
Background
On March 11, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the terms of the agreement.
Court’s action
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 of Court was directed to terminate all open motions and close the case.
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 despite the settlement. The order also stated that, if the parties wanted the court to retain jurisdiction—the power to oversee enforcement—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.