NMB Therapeutics, Inc. v. National Fire Insurance Company of Hartford
- Valerie Caproni
- 1:22-cv-05057
- U.S. District Court · Southern District of New York
- 2
In NMB Therapeutics v. National Fire, Judge Caproni dismissed the settled case with prejudice, without costs, and closed it.
NMB Therapeutics, Inc. and National Fire Insurance Company of Hartford.
What happened
NMB Therapeutics, Inc. v. National Fire Insurance Company of Hartford was resolved after the parties told the court they had reached an agreement in principle settling all issues.
The court canceled scheduled conferences and deadlines, terminated open motions, and dismissed the case with prejudice and without costs, including attorneys’ fees.
Judge Valerie Caproni closed the case but allowed the parties 30 days to seek reopening for good cause or to ask the court to retain authority to enforce their settlement agreement.
The detailed version
- NMB Therapeutics, Inc. v. National Fire Insurance Company of Hartford · No. 1:22-cv-05057
- Valerie Caproni
- Feb. 3, 2023
Background
The court stated that, on February 2, 2023, it was notified through the magistrate judge that NMB Therapeutics, Inc. and National Fire Insurance Company of Hartford had reached an agreement in principle resolving all issues. The opinion does not describe the underlying dispute or the settlement 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 of Court was directed to terminate all open motions and close the case.
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. A request filed after 30 days or without a showing of good cause may be denied on that basis alone. If the parties want the court to retain 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, terminated the open motions, and directed that the case be closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.