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S.D.N.Y.Procedural orderFiled Aug. 31, 2023

Mullins v. L H T 109 Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-09967
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Mullins v. LHT 109 Inc., Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.

Who this affects

Derrick Mullins, LHT 109 Inc., and Novus Inmouiliare Inc.; the case was closed, subject to a possible application to restore it within 30 days.

What happened

Derrick Mullins sued LHT 109 Inc. and Novus Inmouiliare Inc. in Mullins v. LHT 109 Inc. The court was told that the case had been settled in principle.

The court discontinued the action without costs to any party. It allowed the parties to ask to restore the case to the court’s docket within 30 days.

Judge Ronnie Abrams also directed the Clerk of Court to close the case. Any request for the court to keep jurisdiction to enforce a settlement had to put the settlement terms on the public record and obtain 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
Mullins v. L H T 109 Inc. · No. 1:22-cv-09967
Judge
Ronnie Abrams
Date
Aug. 31, 2023

Background

The court stated that it had been informed that the case had been settled in principle. The opinion does not describe the claims, the settlement terms, or whether a final settlement agreement had been completed.

Order

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

If the parties wanted the court to retain authority to enforce a settlement agreement, they had to place the agreement’s terms on the public record and obtain the court’s approval within the same 30-day period. The Clerk of Court was directed to close the case.

Disposition

Judge Ronnie Abrams discontinued the action without costs and without prejudice to a timely request to restore it. The order did not decide the underlying claims or describe the settlement’s merits.

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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