Bernheim v. New York City Department of Education
- Valerie Caproni
- 1:19-cv-09723
- U.S. District Court · Southern District of New York
- 2
In Bernheim v. New York City Department of Education, Judge Caproni dismissed the settled case with prejudice and without costs.
Laura Bernheim and the New York City Department of Education; the order also directed that a copy be mailed to the pro se plaintiff.
What happened
In Bernheim v. New York City Department of Education, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled the remaining conferences and deadlines, dismissed the case with prejudice, and ordered that neither side pay costs or attorney fees. The clerk was directed to close the case and terminate all open motions.
Judge Valerie Caproni allowed the parties 30 days to ask to reopen the case for good cause. They could also ask the court to keep authority to enforce their settlement by submitting the agreement and a request within that period.
The detailed version
- Bernheim v. New York City Department of Education · No. 1:19-cv-09723
- Valerie Caproni
- Mar. 25, 2022
Background
On March 24, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues in the case. The order does not describe the settlement’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 attorney fees, to either party. The clerk was directed to terminate all open motions and close the case.
Possible Reopening or Enforcement
Within 30 days, the parties could apply to reopen the case. Such an application had to show good cause for keeping the case open despite the settlement, and a late application or one without a showing of good cause could be denied on that basis alone. If the parties wanted the court to retain jurisdiction—legal authority—to enforce the settlement, they had to submit the settlement agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs to either party. The order also directed the clerk to mail a copy to the pro se plaintiff, meaning the plaintiff was representing herself or himself without a lawyer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.