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S.D.N.Y.Procedural orderFiled Oct. 10, 2023

William B. Coleman Company, Inc v. Mt. Hawley Insurance Company

Judge
Ronnie Abrams
Docket
1:22-cv-06133
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureInsurance
In one sentence

In William B. Coleman Company, Inc. v. Mt. Hawley Insurance Company, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

William B. Coleman Company, Inc. and Mt. Hawley Insurance Company; the settled action was closed, subject to the order’s 30-day restoration and reopening provisions.

What happened

William B. Coleman Company, Inc. sued Mt. Hawley Insurance Company, and the court was told that the case had settled. The opinion does not describe the dispute or settlement terms.

The court discontinued the case without costs to either party and without prejudice to restoring it if a request was made within 30 days. The court also directed the Clerk of Court to close the case.

Judge Ronnie Abrams ordered that any request to reopen filed after 30 days could be denied solely because it was late. The court could retain authority to enforce the settlement only if the agreement’s terms were placed on the public record and approved by the court within that period.

The detailed version

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

Case
William B. Coleman Company, Inc v. Mt. Hawley Insurance Company · No. 1:22-cv-06133
Judge
Ronnie Abrams
Date
Oct. 10, 2023

Background

The court stated that it had been informed that the case had settled. The opinion does not provide the settlement’s terms or describe the 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 directed the Clerk of Court to close the case.

The order stated that any application to reopen the action had to be filed within 30 days of the order, and that an application filed later could be denied solely on that basis. If the parties wanted the court 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.

Disposition

Judge Ronnie Abrams discontinued the action without costs and without prejudice to a timely application to restore it. The order did not decide the merits of the parties’ underlying dispute.

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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