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S.D.N.Y.Procedural orderFiled Sept. 23, 2022

ASV Technologies Inc. v. United Community Banks, Inc.

Judge
Valerie Caproni
Docket
1:22-cv-03472
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In ASV Technologies v. United Community Banks, Judge Caproni dismissed the settled case with prejudice and without costs.

Who this affects

ASV Technologies Inc. and United Community Banks, Inc.; the case was resolved through settlement and dismissed.

What happened

In ASV Technologies Inc. v. United Community Banks, Inc., the parties notified the court through mediation that they had reached an agreement in principle resolving all issues.

The court canceled all previously scheduled conferences and deadlines, dismissed the case with prejudice and without costs, directed the clerk to close the case, and terminated all open motions.

Judge Valerie Caproni said the parties could apply within 30 days to reopen the case for good cause; they could also ask the court to retain jurisdiction to enforce their settlement by submitting the agreement and a separate request.

The detailed version

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

Case
ASV Technologies Inc. v. United Community Banks, Inc. · No. 1:22-cv-03472
Judge
Valerie Caproni
Date
Sept. 23, 2022

Background

The parties informed the court through mediation that they had reached an agreement in principle resolving all issues in the case.

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 court directed the clerk to terminate all open motions and close the case.

Possibility of Reopening or Enforcement

Within 30 days, the parties could apply to reopen the case. Any such 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.

If the parties wanted the court to retain jurisdiction—meaning authority to enforce their settlement agreement—they had to submit the 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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