L.B. v. New York City Department of Education
- Valerie Caproni
- 1:21-cv-01033
- U.S. District Court · Southern District of New York
- 2
In L.B. v. New York City Department of Education, Judge Caproni dismissed the settled case with prejudice and without costs, allowing a 30-day reopening application.
L.B., acting as parent and natural guardian of E.B., a student with a disability, and the New York City Department of Education. The case was closed after the parties reported an agreement in principle.
What happened
In L.B. v. New York City Department of Education, the parties 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 and without costs, including attorneys’ fees, and directed the Clerk to close the case. The parties could apply within 30 days to reopen it by showing good cause.
Judge Caproni also said the parties had to submit their settlement agreement and request an order if they wanted the court to keep authority to enforce that agreement.
The detailed version
- L.B. v. New York City Department of Education · No. 1:21-cv-01033
- Valerie Caproni
- Nov. 7, 2022
Background
On November 4, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the settlement’s terms or the underlying claims.
Court’s Orders
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 could apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement, and the court warned that an application 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—that is, authority—to enforce their 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 and ordered the case closed, subject to the stated 30-day procedures for seeking reopening or asking the court to retain jurisdiction to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.