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S.D.N.Y.Procedural orderFiled May 6, 2022

Joseph v. Mike & McRae Construction Services LLC

Judge
Ronnie Abrams
Docket
1:21-cv-09671
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Joseph v. Mike & McRae Construction Services LLC, Judge Abrams discontinued the settled-in-principle case without costs, subject to possible restoration within 30 days.

Who this affects

Angela Joseph and the named defendants are affected because the action was closed after the reported settlement in principle, subject to the stated 30-day procedure for seeking restoration or court enforcement of a settlement.

What happened

In Joseph v. Mike & McRae Construction Services LLC, the court was told that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement terms.

The court discontinued the case without costs to any party and without prejudice to restoring it if an application was made within 30 days. The Clerk of Court was directed to close the case.

Judge Ronnie Abrams also stated that any settlement-enforcement request would require the agreement’s terms to be placed on the public record and approved by the court within the same 30-day period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Joseph v. Mike & McRae Construction Services LLC · No. 1:21-cv-09671
Judge
Ronnie Abrams
Date
May 6, 2022

Background

The action was brought by Angela Joseph against Mike & McRae Construction Services LLC, Andy McRae, Keith McRae, Anthony Durbano, and Amendola Marble & Stone Center, Inc. The court was informed that the case had been settled in principle. The opinion does not state the claims, settlement amount, or other settlement terms.

Court’s Action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. It warned that an application filed after that period might be denied solely because it was late. The Clerk of Court was directed to close the case.

Settlement Enforcement

The court stated that, if the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The order did not decide the underlying claims or approve specific settlement terms.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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