Farghaly v. Potamkin Cadillac-Buick-Chevrolet-Geo, Ltd.
- Valerie Caproni
- 1:18-cv-11106
- U.S. District Court · Southern District of New York
- 2
In Farghaly v. Potamkin, Judge Caproni dismissed the settled case with prejudice and without costs, canceled deadlines, and closed the case.
Mohamed Farghaly and defendants Potamkin Cadillac-Buick-Chevrolet-Geo, Ltd., Alan Potamkin, George Spalina, Michael Denielle, and John Johnson. The case was dismissed with prejudice and without costs to either party.
What happened
In Farghaly v. Potamkin Cadillac-Buick-Chevrolet-Geo, Ltd., the parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all previously scheduled conferences and deadlines, dismissed the case with prejudice, and ordered that neither party receive costs or attorneys’ fees. The Clerk was directed to terminate open motions and close the case.
Judge Valerie Caproni also allowed the parties to apply to reopen the case within 45 days if they showed good cause. They could ask the court to retain authority to enforce their settlement by submitting the agreement and a request within that period.
The detailed version
- Farghaly v. Potamkin Cadillac-Buick-Chevrolet-Geo, Ltd. · No. 1:18-cv-11106
- Valerie Caproni
- Jan. 25, 2023
Background
On January 24, 2023, the parties notified the court that they 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 ordered that all previously scheduled conferences and other deadlines were canceled. 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 order allowed the parties to apply to reopen the case within 45 days. Any such application had to show good cause for keeping the case open despite the settlement. The order also stated that a request 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—the authority to enforce the settlement agreement—they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 45-day period.
Disposition
The case was dismissed with prejudice and without costs to either party, and the case was closed. This was a procedural disposition based on the parties’ settlement; the order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.