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S.D.N.Y.Procedural orderFiled Jan. 4, 2024

C.M. v. New York City Department Of Education

Judge
Ronnie Abrams
Docket
1:23-cv-03361
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In C.M. v. New York City Department Of Education, Judge Abrams discontinued the settled case without costs, allowing restoration within 30 days.

Who this affects

C.M., his minor child G.M., and the New York City Department of Education; the case was closed following a reported settlement, subject to the order’s 30-day restoration conditions.

What happened

C.M., acting on behalf of his minor child, G.M., sued the New York City Department of Education. The court was told that the case had been settled, but the order does not describe the settlement’s terms.

The court discontinued the case without costs to any party and without prejudice to restoring it if an application 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 the 30-day period could be denied solely because it was late. The parties could ask the court to retain authority to enforce the settlement only if they placed its terms on the public record and obtained the court’s approval within that period.

The detailed version

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

Case
C.M. v. New York City Department Of Education · No. 1:23-cv-03361
Judge
Ronnie Abrams
Date
Jan. 4, 2024

Background

C.M. brought the action on behalf of his minor child, G.M., against the New York City Department of Education. The opinion states that the court was informed that the case had settled. It does not provide the settlement terms or discuss the underlying claims.

Ruling

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 court stated that any application to reopen filed after that period could be denied solely on that basis. If the parties wanted the court to retain jurisdiction 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.

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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