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S.D.N.Y.Procedural orderFiled Sept. 27, 2022

Mt. Hawley Insurance Company v. Aegean Land Holdings, LLC

Judge
Valerie Caproni
Docket
1:21-cv-06473
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Mt. Hawley v. Aegean Land, Judge Caproni dismissed the settled case with prejudice, without costs, and closed it.

Who this affects

Mt. Hawley Insurance Company and Aegean Land Holdings, LLC. The dismissal ended the case with prejudice and imposed no costs or attorneys’ fees on either party, subject to the court’s 30-day procedures for reopening the case or retaining jurisdiction to enforce the settlement.

What happened

Mt. Hawley Insurance Company and Aegean Land Holdings, LLC told the court they had reached an agreement in principle resolving all issues.

The court canceled scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, terminated open motions, and closed the case.

Judge Caproni allowed the parties to seek reopening within 30 days for good cause and explained how they could 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
Mt. Hawley Insurance Company v. Aegean Land Holdings, LLC · No. 1:21-cv-06473
Judge
Valerie Caproni
Date
Sept. 27, 2022

Background

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

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 permitted to apply to reopen the case within 30 days. Any application had to show good cause for keeping the case open despite the settlement; a late application or one without a showing of good cause could be denied on that basis alone.

The court also stated that, if the parties wanted it to retain jurisdiction—the authority to resolve future disputes about enforcing the settlement—they had to submit the settlement agreement and request an order expressly retaining that authority within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs to either party, terminated the open motions, and directed that the case be closed.

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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