Norris v. Old Heidelberg Corp.
- Valerie Caproni
- 1:21-cv-09404
- U.S. District Court · Southern District of New York
- 2
In Norris v. Old Heidelberg Corp., Judge Caproni dismissed the settled case with prejudice and without costs, subject to limited reopening procedures.
Namel Norris, Old Heidelberg Corp. d/b/a Heidelberg Restaurant, and 1648 Second Ave LLC.
What happened
Namel Norris sued Old Heidelberg Corp. and 1648 Second Ave LLC. The parties told the court they had reached an agreement in principle resolving all issues.
Judge Caproni canceled the scheduled conferences and other deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the Clerk to close the case. The parties could ask to reopen it within 30 days by showing good cause.
Judge Valerie Caproni also said that, within the same 30-day period, the parties could ask the court to retain authority to enforce their settlement agreement by submitting the agreement and a separate request for that authority.
The detailed version
- Norris v. Old Heidelberg Corp. · No. 1:21-cv-09404
- Valerie Caproni
- Apr. 6, 2022
Background
The opinion identifies Namel Norris as the plaintiff and Old Heidelberg Corp., doing business as Heidelberg Restaurant, and 1648 Second Ave LLC as the defendants. On April 5, 2022, the parties informed the court that they had reached an agreement in principle resolving all issues. The order does not describe the underlying claims or 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 attorneys’ fees, to either party. The Clerk of Court was directed to terminate all open motions and close the case.
Reopening and settlement enforcement
The parties were permitted to apply to reopen the case within 30 days of the order. The application had to show good cause for keeping the case open in light of the settlement; a late application or one lacking that showing could be denied on that basis alone. If the parties wanted the court to retain jurisdiction—that is, legal authority—to enforce the 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.