Save Assecuranzbureau GmbH v. M/V Algol etc.
- Valerie Caproni
- 1:23-cv-00572
- U.S. District Court · Southern District of New York
- 2
In Save Assecuranzbureau GmbH v. M/V Algol etc., Judge Caproni dismissed the settled case with prejudice and without costs, and closed it.
Save Assecuranzbureau GmbH, SAFCO OF AMERICA LLC, M/V Algol, M/V Pomerania Sky, and Mediterranean Shipping Company S.A.; the case was closed based on the parties’ agreement in principle.
What happened
Save Assecuranzbureau GmbH, as subrogee of SAFCO OF AMERICA LLC, sued M/V Algol, M/V Pomerania Sky, and Mediterranean Shipping Company S.A. The parties informed the court that they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs, including attorneys’ fees, terminated all open motions, and closed the case. The parties may ask to reopen the case within 30 days if they show good cause. They may also ask the court to retain jurisdiction to enforce their settlement by submitting the settlement agreement and a separate request within that period.
Judge Valerie Caproni entered the order on October 12, 2023. The order does not decide the underlying dispute; it disposes of the case based on the parties’ settlement.
The detailed version
- Save Assecuranzbureau GmbH v. M/V Algol etc. · No. 1:23-cv-00572
- Valerie Caproni
- Oct. 12, 2023
Background
Save Assecuranzbureau GmbH, acting as subrogee of SAFCO OF AMERICA LLC, brought the case against M/V Algol, M/V Pomerania Sky, and Mediterranean Shipping Company S.A. The opinion states that, on October 10, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues.
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 was directed to terminate all open motions and close the case.
The order permits the parties to apply to reopen the case within 30 days. Any such application must show good cause for keeping the case open despite the settlement; 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—the authority to supervise enforcement—to enforce their settlement agreement, they must submit the 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 and directed that it be closed. The order does not address the merits of the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.