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S.D.N.Y.Procedural orderFiled June 13, 2023

Morgan v. Vivrelle, Inc.

Judge
Valerie Caproni
Docket
1:23-cv-01221
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Morgan v. Vivrelle, Judge Caproni dismissed the settled case with prejudice and without costs.

Who this affects

Paradise Morgan and Vivrelle, Inc.; the case was dismissed with prejudice after the parties reported an agreement in principle.

What happened

In Morgan v. Vivrelle, Inc., the parties told the court that they had reached an agreement in principle resolving all issues.

The court canceled all scheduled conferences and other deadlines. It also directed the Clerk to terminate all open motions and close the case.

Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The parties may ask to reopen the case within 30 days by showing good cause. They may also ask the court to retain authority to enforce their settlement if they submit the settlement agreement and a request within that period.

The detailed version

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

Case
Morgan v. Vivrelle, Inc. · No. 1:23-cv-01221
Judge
Valerie Caproni
Date
June 13, 2023

Background

On June 12, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.

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 of Court was directed to terminate all open motions and close the case.

The parties may apply to reopen the case within 30 days, but the application must show good cause for keeping the case open in light of the settlement. The order states that 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 jurisdiction—meaning continuing authority—to enforce the settlement agreement, they must submit the agreement and request that the court expressly retain jurisdiction within the same 30-day period.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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