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S.D.N.Y.Procedural orderFiled Jan. 2, 2024

Mason Tenders District Council Welfare Fund v. Rici Corp.

Judge
Ronnie Abrams
Docket
1:22-cv-10133
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

Mason Tenders v. Rici was settled and discontinued without costs, Judge Abrams allowing restoration within 30 days.

Who this affects

The plaintiffs and defendants in Mason Tenders District Council Welfare Fund v. Rici Corp.; the action was closed after the reported settlement, subject to the stated 30-day restoration procedure.

What happened

In Mason Tenders District Council Welfare Fund v. Rici Corp., the court was told that the parties had settled the case. The opinion does not describe the dispute or settlement terms.

The court ordered the action discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application was made within 30 days. The court also stated that any request to keep authority to enforce the settlement would require placing the settlement terms on the public record and obtaining the court’s approval within that period.

Judge Ronnie Abrams ordered the Clerk of Court to close the case. The order did not decide the underlying claims.

The detailed version

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

Case
Mason Tenders District Council Welfare Fund v. Rici Corp. · No. 1:22-cv-10133
Judge
Ronnie Abrams
Date
Jan. 2, 2024

Background

The court stated that it had been informed that the case had settled. The opinion does not provide the underlying claims or the terms of the settlement.

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 warned that an application filed after that period could be denied solely because it was late.

The court further stated that, if the parties wanted the court to retain 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. The Clerk of Court was directed to close the case.

Effect

This order ended the action based on the reported settlement and did not decide the underlying legal claims. The opinion does not state whether the parties requested, or whether the court retained, authority to enforce the settlement.

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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