Shanghai Shuoxin International Co.,Ltd v. Jordache Enterprises Inc.

Background

The court stated that, on November 2, 2022, it was notified through the magistrate that Shanghai Shuoxin International Co., Ltd. and Jordache Enterprises Inc. had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.

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 Clerk of Court was directed to terminate all open motions and close the case.

Possible reopening and enforcement

The parties may apply to reopen the case within 30 days of the order. Such an application must show good cause for keeping the case open despite the settlement. The order states that a request filed after 30 days, or without a showing of good cause, may be denied on that basis alone.

If the parties want the court to retain jurisdiction—that is, authority—to enforce their settlement agreement, they must, within the same 30-day period, submit the settlement agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction to enforce it.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs or attorneys’ fees to either party, terminated the open motions, and directed that the case be closed. The order did not decide the underlying legal claims on their merits.