Zurich American Insurance Company v. Harleysville Insurance Company
- Valerie Caproni
- 1:21-cv-08293
- U.S. District Court · Southern District of New York
- 2
In Zurich American Insurance Company v. Harleysville Insurance Company, Judge Caproni dismissed the settled case with prejudice and without costs, subject to limited reopening procedures.
Zurich American Insurance Company and Harleysville Insurance Company. The case was dismissed with prejudice and without costs to either party, subject to the order’s limited 30-day procedures for reopening the case or requesting continued authority to enforce the settlement.
What happened
Zurich American Insurance Company v. Harleysville Insurance Company involved parties who told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying dispute or the settlement terms.
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 the case within 30 days if they showed good cause.
Judge Valerie Caproni also stated that the parties could ask the court to retain authority to enforce their settlement if they submitted the settlement agreement and a proper request within that 30-day period.
The detailed version
- Zurich American Insurance Company v. Harleysville Insurance Company · No. 1:21-cv-08293
- Valerie Caproni
- Oct. 20, 2022
Background
On October 19, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the nature of the underlying dispute or the terms of the agreement.
Order
The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice, meaning the case was ended and could not ordinarily be brought again, and ordered that neither party would receive costs or attorneys’ fees. 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. The court warned that an application filed after 30 days, or filed without a showing of good cause, could be denied on that basis alone.
The court also explained that, if the parties wanted the court to retain jurisdiction—that is, legal 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, terminated the open motions, and closed the case. The order allowed a 30-day application to reopen and a 30-day request for the court to retain jurisdiction to enforce the settlement agreement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.