Riviera Produce Corp. v. BCJR, LLC
- Valerie Caproni
- 1:22-cv-02540
- U.S. District Court · Southern District of New York
- 2
In Rivera Produce v. BCJR, Judge Caproni dismissed the settled case with prejudice and without costs.
Rivera Produce Corp., BCJR, LLC d/b/a Mulberry & Vine, and Michelle Anne Gauthier; the case was dismissed and closed after the parties reached a settlement.
What happened
Rivera Produce Corp. sued BCJR, LLC, doing business as Mulberry & Vine, and Michelle Anne Gauthier. The court was told that the parties had reached an agreement on all issues through the magistrate.
Judge Caproni canceled the scheduled conferences and deadlines and dismissed the case with prejudice, without costs or attorneys’ fees to either party. The clerk was directed to terminate all open motions and close the case.
The order allows the parties to seek reopening within 30 days if they show good cause. Judge Valerie Caproni also said the parties must submit their settlement agreement and request an order within that period if they want the court to retain jurisdiction to enforce the settlement.
The detailed version
- Riviera Produce Corp. v. BCJR, LLC · No. 1:22-cv-02540
- Valerie Caproni
- Aug. 4, 2022
Background
The caption identifies Rivera Produce Corp. as the plaintiff and BCJR, LLC, doing business as Mulberry & Vine, and Michelle Anne Gauthier as the defendants. The court stated that, on August 3, 2022, it was notified that the parties had reached an agreement on all issues through the magistrate.
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.
The parties may apply to reopen the case within 30 days, but the application must show good cause for keeping the case open in light of the settlement. The order states that a request filed after 30 days or without a showing of good cause may be denied on that basis alone. If the parties want the court to retain jurisdiction to enforce their settlement agreement, they must submit the agreement to the court and request an order expressly retaining jurisdiction within the same 30-day period.
Disposition
The court dismissed the case with prejudice pursuant to the parties’ settlement and closed the case. The order did not decide the underlying legal claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.