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 case without prejudice and denied the parties’ requested extension.
Zurich American Insurance Company and Harleysville Insurance Company; the case was dismissed without prejudice after the parties reported an agreement in principle.
What happened
Zurich American Insurance Company and Harleysville Insurance Company told the court they had reached an agreement in principle and asked to dismiss the case without prejudice.
The court corrected an earlier order that had dismissed the case with prejudice. It dismissed the case without prejudice and without costs, including attorneys’ fees, to either party.
Judge Valerie Caproni denied the parties’ request to wait until January 3, 2023, to reopen the case. Any request to reopen must be filed within 30 days and show good cause; the parties also had 30 days to ask the court to retain authority to enforce their settlement agreement.
The detailed version
- Zurich American Insurance Company v. Harleysville Insurance Company · No. 1:21-cv-08293
- Valerie Caproni
- Oct. 25, 2022
Background
The parties notified the court on October 19, 2022, that they had reached an agreement in principle. They requested that the case be dismissed without prejudice, meaning it could potentially be reopened or filed again under the applicable rules.
On October 20, 2022, the court had entered an order dismissing the case with prejudice. The October 25 order directed the Clerk of Court to reopen the case only to vacate that earlier order, enter the new order, and then close the case again.
Rulings
The court dismissed the case without prejudice and without costs, including attorneys’ fees, to either party. The court also denied the parties’ request to extend the time to reopen the case until January 3, 2023.
The court stated that any application to reopen must be filed within 30 days of the October 25 order and must show good cause for keeping the case open despite the settlement. A filing made after 30 days or without a showing of good cause could be denied on that basis alone. If the parties wanted the court to retain jurisdiction—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.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.