DeLeon v. City of New York
- Valerie Caproni
- 1:20-cv-08796
- U.S. District Court · Southern District of New York
- 2
In DeLeon v. City of New York, Judge Caproni dismissed the settled case with prejudice and without costs, while permitting limited reopening requests.
Andrew DeLeon, the City of New York, and Police Officers Frank Aliffi, Anthony Terilli, Jack Antunes, Andrew Ruiz, and Timothy Burke.
What happened
In DeLeon v. City of New York, the parties notified the court that they had reached an agreement in principle resolving all issues through mediation. The order does not describe the claims or the settlement terms.
The court canceled all scheduled conferences and deadlines and dismissed the case with prejudice and without costs, including attorneys’ fees. The clerk was directed to terminate open motions and close the case.
Judge Valerie Caproni allowed the parties to apply within 30 days to reopen the case by showing good cause. The parties could also ask the court to retain authority to enforce their settlement by submitting the agreement and a separate request within that period.
The detailed version
- DeLeon v. City of New York · No. 1:20-cv-08796
- Valerie Caproni
- Apr. 21, 2022
Background
On March 23, 2022, the court was notified through mediation that the parties had reached an agreement in principle resolving all issues. The order does not state the terms of that agreement or describe the underlying claims.
Order
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 was directed to terminate all open motions and close the case.
Possible Reopening and Settlement Enforcement
Within 30 days, the parties could apply to reopen the case. Any application had to show good cause for keeping the case open in light of the settlement and had to be filed within that 30-day period. The order states that a request filed later or without a showing of good cause may be denied on that basis alone.
The parties could also ask the court to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement. To do so, they had to submit the settlement agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction, also within 30 days.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.