Rodriguez Pena v. Kurnitska
- Robert Lehrburger
- 1:21-cv-01282
- U.S. District Court · Southern District of New York
- 2
In Rodriguez Pena v. Kurnitska, Judge Lehrburger dismissed the settled action without costs, subject to reopening if settlement failed within 30 days.
The parties to the settled action, their pending motions, and the case schedule were affected. The case was closed, subject to the stated 30-day procedure for seeking to reopen it if the settlement was not completed.
What happened
In Rodriguez Pena v. Kurnitska, the parties told the court that they had settled all claims in the case.
The court dismissed the action without costs, except as the settlement provided. If the settlement was not completed within 30 days, either party could ask to reopen the case by letter during that period. The court also terminated pending motions, canceled remaining conferences and deadlines, and closed the case.
Judge Robert W. Lehrburger issued the dismissal on December 13, 2022. The order stated that any request for the court to retain authority to enforce the settlement had to be publicly filed and approved by court order within the same 30-day period.
The detailed version
- Rodriguez Pena v. Kurnitska · No. 1:21-cv-01282
- Robert Lehrburger
- Dec. 13, 2022
Background
The court stated that the parties had advised it that all claims asserted in the action had been settled.
Ruling
The court ordered that the action be dismissed without costs, except as the parties might agree in their settlement. The order allowed either party to apply by letter to restore the action to the court's calendar if the settlement was not completed within 30 days. Any application to reopen had to be filed within that 30-day period, and a later application could be denied solely because it was late.
The court also stated that, if the parties wanted the court to retain authority to enforce the settlement agreement, they had to file the agreement publicly and obtain a court order retaining that authority within 30 days. All pending motions were declared moot and terminated. The Clerk of Court was directed to vacate remaining conference dates and other deadlines and close the case.
Effect
The order ended the case based on the reported settlement; it did not decide the underlying claims. Judge Robert W. Lehrburger signed the order as a United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.