DiMeglio v. Jim O'Neal Distributing, Inc.
- Valerie Caproni
- 1:23-cv-05217
- U.S. District Court · Southern District of New York
- 2
In DiMeglio v. Jim O'Neal Distributing, Inc., Judge Caproni dismissed the case with prejudice after an agreement in principle, without costs.
Maria DiMeglio and Jim O'Neal Distributing, Inc.; the case was closed after the parties reported an agreement in principle.
What happened
In DiMeglio v. Jim O'Neal Distributing, Inc., the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement terms.
The court canceled all previously scheduled conferences and 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 could apply within 30 days to reopen the case by showing good cause, and they could ask the court to retain authority to enforce their settlement by submitting the agreement and a request within that period.
The detailed version
- DiMeglio v. Jim O'Neal Distributing, Inc. · No. 1:23-cv-05217
- Valerie Caproni
- Aug. 16, 2023
Background
On August 15, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the underlying claims or provide the settlement terms.
Court’s 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 could apply to reopen the case within 30 days, but the application had to show good cause for keeping the case open despite the settlement. The court stated that an application filed after 30 days or without a showing of good cause could be denied on that basis alone.
The court also stated that, if the parties wanted it to retain jurisdiction—that is, authority to enforce the settlement agreement—they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, 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.