Francis v. West Broadway Glass Company, LLC
- Valerie Caproni
- 1:22-cv-02218
- U.S. District Court · Southern District of New York
- 2
In Francis v. West Broadway Glass, Judge Caproni dismissed the settled case with prejudice and without costs.
Ashley Francis, West Broadway Glass Company, LLC, and Flipper's NYC LLC. The case was dismissed with prejudice without costs or attorneys’ fees to either party; the parties may seek reopening or court enforcement of their settlement under the conditions stated in the order.
What happened
In Francis v. West Broadway Glass Company, LLC, Ashley Francis and the defendants reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice, and ordered that neither party would pay costs or attorneys’ fees. The clerk was directed to close the case and terminate pending motions.
Judge Valerie Caproni allowed the parties to seek reopening within 30 days for good cause and explained how they could ask the court to retain authority to enforce their settlement agreement.
The detailed version
- Francis v. West Broadway Glass Company, LLC · No. 1:22-cv-02218
- Valerie Caproni
- Dec. 2, 2022
Background
The court stated that its mediation department had reported on November 28, 2022, that the parties 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 was directed to terminate all open motions and close the case.
Possible reopening and settlement 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 solely on that basis.
If the parties want the court to retain jurisdiction—legal authority—to enforce their settlement agreement, they must, within the same 30-day period, submit the agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining that authority.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs and directed that it be closed. The order did not decide the merits of the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.