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S.D.N.Y.Procedural orderFiled Aug. 4, 2022

99 Wall Development Inc. v. Allied World Specialty Insurance Company

Judge
Ronnie Abrams
Docket
1:18-cv-00126
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In 99 Wall Development v. Allied World, Judge Abrams discontinued the action after the parties reported reaching a settlement in principle.

Who this affects

99 Wall Development Inc. and Allied World Specialty Insurance Company; the action was closed subject to a possible application to restore it within 30 days.

What happened

99 Wall Development Inc. sued Allied World Specialty Insurance Company, which the order identifies as formerly known as Darwin National Assurance Company. The court was told that the parties had reached a settlement in principle.

The court discontinued the action without costs to either party. It allowed either party to ask to restore the case within 30 days, and directed the Clerk of Court to close the case.

Judge Ronnie Abrams also stated that any settlement terms the parties wanted the court to enforce 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 dispute.

The detailed version

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

Case
99 Wall Development Inc. v. Allied World Specialty Insurance Company · No. 1:18-cv-00126
Judge
Ronnie Abrams
Date
Aug. 4, 2022

Background

The court stated that the parties had reported reaching a settlement in principle. The opinion does not provide the settlement’s terms or state that a final settlement agreement had been completed.

Order

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 further stated that an application to reopen filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

If the parties wanted the court to retain jurisdiction—the authority to enforce a settlement agreement—they were required to place the agreement’s terms on the public record and obtain the court’s approval within the same 30-day period.

Disposition

Judge Ronnie Abrams discontinued the action and closed the case. The order did not reach the merits of the parties’ underlying dispute.

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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