Sims v. Experian Information Solutions, Inc.
- Valerie Caproni
- 1:22-cv-10778
- U.S. District Court · Southern District of New York
- 2
In Sims v. Experian, Judge Caproni granted in part a settlement application, dismissing Sims’s claims against Experian with prejudice and setting conditions for reopening.
Tanyell Sims and Experian Information Solutions, Inc.; the order dismissed Sims’s claims against Experian with prejudice and set procedures for potentially reopening the case or retaining jurisdiction to enforce the settlement.
What happened
In Sims v. Experian Information Solutions, Inc., Plaintiff Tanyell Sims and Experian reported that they had settled all claims between them and were completing settlement documents.
Sims asked the court to vacate deadlines as to Experian and retain authority to address matters involving completion or enforcement of the settlement. The notice did not state that the other defendants had settled with Sims.
Judge Valerie Caproni granted the application in part. She dismissed Sims’s claims against Experian with prejudice, terminated Experian as a defendant, and allowed the parties 30 days to seek reopening or to request that the court retain authority to enforce the settlement under specified conditions.
The detailed version
- Sims v. Experian Information Solutions, Inc. · No. 1:22-cv-10778
- Valerie Caproni
- Apr. 18, 2023
Background
Plaintiff Tanyell Sims and Defendant Experian Information Solutions, Inc. filed a notice stating that they had settled all claims between them. They said they were completing the final settlement documents and expected to file dismissal papers within 60 days. Sims requested that the court vacate all deadlines as to Experian and retain jurisdiction—authority to address later matters—to complete or enforce the settlement.
Ruling
The court stated, “Application GRANTED in part.” It ordered that Sims’s claims against Experian be dismissed with prejudice, meaning those claims cannot be refiled against Experian. It directed the Clerk of Court to terminate Experian as a defendant.
The court also ordered that, within 30 days, the parties could apply to reopen the case. Any such application had to show good cause for keeping the case open in light of the settlement. If the parties wanted the court to retain jurisdiction to enforce the settlement, they had to submit the settlement agreement and request an order expressly retaining that jurisdiction within the same 30-day period. The order did not separately state the disposition of every part of Sims’s request to vacate deadlines.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.