Delgado v. 419 E. 70th Cafe Inc.
- Lorna Schofield
- 1:22-cv-07446
- U.S. District Court · Southern District of New York
- 1
In Delgado v. 419 E. 70th Cafe Inc., Judge Schofield approved the settlement, dismissed the action, and allowed restoration within 30 days.
The settlement parties—Karen Delgado and the defendants named in the action—were affected by approval of the settlement, dismissal of the action, and the 30-day period for seeking restoration.
What happened
In Delgado v. 419 E. 70th Cafe Inc., the parties asked the court to approve a proposed settlement on March 3, 2023. The opinion does not describe the underlying claims or the settlement’s terms.
The court approved the settlement as fair and reasonable, considering the nature and scope of the claims and the risks and expenses of further litigation. It dismissed the action in its entirety, without an award of attorneys’ fees or costs beyond the amounts provided in the settlement.
The order states that the action may be restored to the court’s calendar if an application is made within 30 days; a later application may be denied solely because it was filed late. Judge Schofield declined to retain jurisdiction to enforce the settlement after that 30-day period, dismissed pending motions as moot, and canceled all conferences and deadlines.
The detailed version
- Delgado v. 419 E. 70th Cafe Inc. · No. 1:22-cv-07446
- Lorna Schofield
- Mar. 8, 2023
Background
On March 3, 2023, the parties moved for approval of a proposed settlement. The opinion does not identify the underlying claims, the settlement amount, or other settlement terms.
Ruling
The court approved the settlement agreement as fair and reasonable. In doing so, it considered the nature and scope of the plaintiff’s claims and the risks and expenses associated with additional litigation. The court cited decisions discussing the factors district courts use to evaluate proposed settlements and related attorneys’ fee awards.
The court ordered that the action be dismissed in its entirety, with no award of attorneys’ fees or costs beyond the amounts provided for in the settlement. The dismissal was without prejudice to restoring the action to the court’s calendar, provided that an application to restore was made within 30 days of the order. The court stated that an application filed after 30 days may be denied solely on that basis.
The court declined to retain jurisdiction to enforce the settlement agreement beyond the 30-day period and directed the parties to the appropriate forum if the settlement were breached. Any pending motions were dismissed as moot, and all conferences and deadlines were canceled.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.