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S.D.N.Y.Procedural orderFiled Jan. 12, 2023

Mellin v. Complex Media, Inc.

Judge
Valerie Caproni
Docket
1:22-cv-08358
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Mellin v. Complex Media, Judge Caproni dismissed the settled case with prejudice, without costs, and closed it.

Who this affects

Joshua Mellin and Complex Media, Inc.; the case was dismissed with prejudice, without costs or attorneys’ fees to either party, and closed, subject to the order’s 30-day procedures for reopening or retaining jurisdiction to enforce the settlement.

What happened

In Mellin v. Complex Media, Inc., Joshua Mellin and Complex Media, Inc. 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 or attorneys’ fees to either party, terminated open motions, and closed the case.

Judge Valerie Caproni allowed the parties to ask to reopen the case within 30 days if they show good cause; they could also ask the court to retain authority to enforce their settlement by submitting the agreement and a separate request within that period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Mellin v. Complex Media, Inc. · No. 1:22-cv-08358
Judge
Valerie Caproni
Date
Jan. 12, 2023

Background

On May 2, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the terms of that agreement.

Order

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 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. A request filed after 30 days or without a showing of good cause may be denied on that basis.

If the parties want the court to retain jurisdiction—legal authority—to enforce their settlement agreement, they must submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and closed it, subject to the stated 30-day procedures for seeking to reopen the case or asking the court to retain jurisdiction to enforce the settlement.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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