Elsherbiny v. City Of New York
- Valerie Caproni
- 1:21-cv-08022
- U.S. District Court · Southern District of New York
- 2
In Elsherbiny v. City of New York, Judge Caproni dismissed the settled case with prejudice, without costs or attorneys’ fees, and closed it.
Mohamed Elsherbiny, the City of New York, and the other defendants were affected by the dismissal and settlement-related deadlines.
What happened
In Mohamed Elsherbiny v. City of New York, the parties told the court that they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice, and ordered that neither party pay costs or attorneys’ fees. The clerk was directed to terminate pending motions and close the case.
Judge Valerie Caproni allowed the parties 30 days to ask to reopen the case for good cause. They could also ask the court to retain authority to enforce their settlement by submitting the agreement and a specific request within that period.
The detailed version
- Elsherbiny v. City Of New York · No. 1:21-cv-08022
- Valerie Caproni
- Feb. 3, 2023
Background
On February 3, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues in the case.
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 was directed to terminate all open motions and close the case.
The order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open in light of the settlement, and the order stated that an application filed late or without a showing of good cause could be denied on that basis alone.
The parties could also ask the court to retain jurisdiction—that is, authority—to enforce their settlement agreement. To do so, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice, without costs or attorneys’ fees, terminated the open motions, and closed the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.