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S.D.N.Y.Procedural orderFiled Sept. 2, 2022

Velasquez v. Orlebar Brown NY 1, LLC

Judge
Valerie Caproni
Docket
1:22-cv-02950
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Velasquez v. Orlebar Brown, Judge Caproni dismissed the settled case with prejudice and without costs, subject to limited reopening procedures.

Who this affects

Ricardo Velasquez, Orlebar Brown NY 1, LLC, and 451 Broome Street Corp.; the case was closed after the parties reported reaching an agreement in principle.

What happened

In Ricardo Velasquez v. Orlebar Brown NY 1, LLC and 451 Broome Street Corp., the parties told the court they had reached an agreement in principle resolving all issues.

The court canceled all previously scheduled conferences and deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party, and directed the Clerk of Court to terminate open motions and close the case.

Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause. During that period, they could also ask the court to retain jurisdiction to enforce their settlement by submitting the agreement and a proper request.

The detailed version

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

Case
Velasquez v. Orlebar Brown NY 1, LLC · No. 1:22-cv-02950
Judge
Valerie Caproni
Date
Sept. 2, 2022

Background

On September 1, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues.

Order

The court canceled all previously scheduled conferences and other deadlines. It ordered that the case be dismissed 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 allowed the parties to apply to reopen the case within 30 days. Any application had to show good cause for keeping the case open in light of the settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.

The parties could also ask the court to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement. To do so, they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.

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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