Recovery Performance & Marina, LLC v. Mt. Hawley Insurance Company
- Valerie Caproni
- 1:22-cv-06364
- U.S. District Court · Southern District of New York
- 2
In Recovery Performance & Marina v. Mt. Hawley, Judge Caproni dismissed the settled case with prejudice and without costs.
The plaintiffs, Recovery Performance & Marina, LLC d/b/a Jetski of Miami, and the defendants, Mt. Hawley Insurance Company and Renaissance Re Syndicate 1458 Lloyd’s.
What happened
Recovery Performance & Marina, LLC, Mt. Hawley Insurance Company, and Renaissance Re Syndicate 1458 Lloyd’s notified the court that they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, terminated all open motions, and closed the case. The parties could ask to reopen it within 30 days by showing good cause.
Judge Valerie Caproni also explained that the court would retain authority to enforce the settlement only if the parties timely submitted their agreement and requested an order retaining that authority.
The detailed version
- Recovery Performance & Marina, LLC v. Mt. Hawley Insurance Company · No. 1:22-cv-06364
- Valerie Caproni
- Sept. 17, 2022
Background
The parties notified the court on September 15, 2022, that they had reached an agreement in principle resolving all issues. The opinion does not provide the settlement’s terms.
Court’s 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 of Court was directed to terminate all open motions and close the case.
The parties were allowed to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement, and a late application or one lacking a good-cause showing could be denied on that basis alone. If the parties wanted the court to retain jurisdiction—that is, authority—to enforce the 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 and directed that it be closed, subject to the stated 30-day procedures.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.