Acevedo v. DLR Properties, LLC
- Valerie Caproni
- 1:23-cv-00735
- U.S. District Court · Southern District of New York
- 2
In Acevedo v. DLR Properties, Judge Caproni dismissed the settled case with prejudice and without costs.
Robert Acevedo and DLR Properties, LLC, TGI Fridays Franchisor, LLC, and 211 West 34 Operating, LLC; the case was closed pursuant to the parties’ agreement in principle.
What happened
In Acevedo v. DLR Properties, the parties reached an agreement in principle resolving all issues in the case.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs to either party, terminated pending motions, and closed the case.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause or to ask the court to retain authority to enforce their settlement agreement.
The detailed version
- Acevedo v. DLR Properties, LLC · No. 1:23-cv-00735
- Valerie Caproni
- Sept. 27, 2023
Background
The opinion states that Magistrate Judge Cott notified the court on September 26, 2023, that the parties had reached an agreement in principle resolving all issues. The opinion does not provide the claims or the terms of that agreement.
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. A dismissal with prejudice generally bars the same case from being brought again. The Clerk of Court was directed to terminate all open motions and close the case.
Settlement-Related Provisions
The parties were permitted to apply within 30 days to reopen the case. Any such application had to show good cause for keeping the case open despite the settlement. The court also stated that, if the parties wanted the court to retain jurisdiction—meaning authority—to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, canceled the scheduled proceedings and deadlines, directed that the case be closed, and terminated the open motions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.