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S.D.N.Y.Procedural orderFiled May 24, 2023

McNair v. West 46th Street Partners LLC

Judge
Ronnie Abrams
Docket
1:22-cv-09132
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

McNair v. West 46th Street Partners LLC was discontinued after settlement, Judge Abrams ordered, subject to restoration within 30 days.

Who this affects

Iesha McNairr, West 46th Street Partners LLC, and Tippford LLC; the action was closed after settlement, subject to the stated 30-day procedure for restoration or court retention of authority to enforce the settlement.

What happened

In McNair v. West 46th Street Partners LLC, the court was told that the case had settled. The opinion does not describe the settlement’s terms or decide the underlying claims.

The court discontinued the action without costs to any party and without prejudice to restoring it to the court’s docket if an application was made within 30 days. The Clerk of Court was directed to close the case.

Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to place the settlement terms on the public record and receive the court’s approval within the same 30-day period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
McNair v. West 46th Street Partners LLC · No. 1:22-cv-09132
Judge
Ronnie Abrams
Date
May 24, 2023

Background

The court was informed that the case had been settled. The opinion does not provide the settlement terms and does not resolve the parties’ underlying claims.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. It stated that an application to reopen filed after that period could be denied solely because it was late.

The court further stated that, if the parties wanted it to retain jurisdiction—that is, authority—to enforce the settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.

Effect

This order ended the case based on the reported settlement but did not decide the merits of the claims. The opinion does not state what the settlement required or whether the parties later sought to restore the action. Judge Ronnie Abrams signed the order on May 24, 2023.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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