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S.D.N.Y.Procedural orderFiled Aug. 24, 2022

Zurich American Insurance Company v. Great Northern Insurance Company

Judge
Valerie Caproni
Docket
1:22-cv-00050
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

Zurich American Insurance Co. v. Great Northern Insurance Co.: Judge Caproni dismissed the settled case with prejudice and without costs, subject to limited reopening.

Who this affects

Zurich American Insurance Company and Great Northern Insurance Company; the case was dismissed after the parties reported an agreement in principle.

What happened

In Zurich American Insurance Company v. Great Northern Insurance Company, the parties told the court they had reached an agreement in principle resolving all issues. The order does not describe the underlying insurance dispute or the settlement’s terms.

The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the clerk to close the case and terminate pending motions.

Judge Valerie Caproni also allowed either party to seek reopening within 30 days by showing good cause. The parties could ask the court to retain authority to enforce their settlement only by submitting the agreement and a proper request within that period.

The detailed version

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

Case
Zurich American Insurance Company v. Great Northern Insurance Company · No. 1:22-cv-00050
Judge
Valerie Caproni
Date
Aug. 24, 2022

Background

On August 18, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not state the nature of the underlying dispute or the terms of the settlement.

Court’s Action

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.

Reopening and Settlement Enforcement

Within 30 days, the parties could apply to reopen the case. Such an application had to show good cause for keeping the case open despite the settlement. A request filed after 30 days, or without a showing of good cause, could be denied solely on that basis.

The court also stated that, if the parties wanted it to retain authority to enforce the settlement agreement, they had to submit the agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining that authority within the same 30-day period.

Disposition

The court dismissed the case with prejudice and without costs and closed the case, while providing limited procedures for reopening it or requesting continued authority to enforce the settlement.

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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