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S.D.N.Y.Procedural orderFiled Aug. 8, 2022

Ngalu v. Department Stores National Bank

Judge
Valerie Caproni
Docket
1:22-cv-03870
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Ngalu v. Department Stores National Bank, Judge Caproni dismissed the case with prejudice and without costs after the parties reported an agreement in principle.

Who this affects

Richard Ngalu, Department Stores National Bank, and Equifax Information Services LLC.

What happened

In Ngalu v. Department Stores National Bank, the remaining parties told the court that they had reached an agreement in principle resolving all issues.

The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, terminated all open motions, and closed the case.

Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause or to ask the court to retain jurisdiction to enforce their settlement agreement.

The detailed version

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

Case
Ngalu v. Department Stores National Bank · No. 1:22-cv-03870
Judge
Valerie Caproni
Date
Aug. 8, 2022

Background

On August 5, 2022, the remaining parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the terms of that agreement.

Court’s Orders

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. A dismissal with prejudice generally bars the same case from being brought again. The court directed the clerk to terminate all open motions and close the case.

The parties were given 30 days to apply to reopen the case. The application had to show good cause for keeping the case open in light of the parties’ settlement, and a request filed after 30 days or without a showing of good cause could be denied on that basis alone. If the parties wanted the court to retain authority to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and closed the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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