Mooney v. New York Fertility Institute
- Valerie Caproni
- 1:20-cv-04345
- U.S. District Court · Southern District of New York
- 2
In Mooney v. New York Fertility Institute, Judge Caproni dismissed the settled case with prejudice and without costs.
Christopher Mooney, Nicole Mooney, and the defendants were affected by the dismissal. The case was dismissed with prejudice and without costs to either party, although the parties may seek reopening within 30 days for good cause or ask the court to retain jurisdiction to enforce their settlement agreement.
What happened
In Mooney v. New York Fertility Institute, the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, directed the Clerk to close the case, and terminated all open motions.
Judge Valerie Caproni allowed the parties to seek reopening within 30 days for good cause and explained how they could ask the court to retain authority to enforce their settlement agreement.
The detailed version
- Mooney v. New York Fertility Institute · No. 1:20-cv-04345
- Valerie Caproni
- June 21, 2022
Background
On June 17, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues in the case.
Court’s 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 of Court was directed to terminate all open motions and close the case.
The order permits the parties to apply to reopen the case within 30 days. Any such application must show good cause for keeping the case open despite the settlement. The order states that a request filed after 30 days, or without a showing of good cause, may be denied solely on that basis.
The parties may also ask the court to retain jurisdiction—meaning authority—to enforce their settlement agreement. To do so, they must submit the settlement agreement and a request for an order expressly retaining that authority within the same 30-day period.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.