Girotto v. Des Restaurant Associates Inc.
- Valerie Caproni
- 1:23-cv-09068
- U.S. District Court · Southern District of New York
- 2
In Girotto v. Des Restaurant Associates, Judge Caproni dismissed the settled case with prejudice and without costs, subject to limited reopening requests.
Luigi Girotto and the defendants—Des Restaurant Associates Inc., doing business as Peter Dillon’s, and 385 Fifth Avenue, LLC—were affected. The case was closed without costs or attorney fees to either side, subject to the stated 30-day procedures for reopening or retaining jurisdiction to enforce the settlement.
What happened
In Girotto v. Des Restaurant Associates Inc., the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or settlement terms.
The court canceled all scheduled conferences and other deadlines. It also ended the case with prejudice and ordered that neither side receive costs or attorney fees.
Judge Valerie Caproni directed the Clerk to terminate all open motions and close the case. The parties may ask to reopen it within 30 days by showing good cause; they may also ask the court to retain authority to enforce their settlement by submitting the agreement and a separate request within that period.
The detailed version
- Girotto v. Des Restaurant Associates Inc. · No. 1:23-cv-09068
- Valerie Caproni
- Feb. 9, 2024
Background
On February 9, 2024, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the underlying claims or the terms of the agreement.
Court’s action
The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorney fees, to either party. The Clerk of Court was directed to terminate all open motions and close the case.
Possible reopening and settlement enforcement
Within 30 days, the parties may apply to reopen the case. The application must show good cause for keeping the case open despite the settlement. The court stated that an application filed after 30 days, or filed without a showing of good cause, may be denied solely on that basis.
If the parties want the court to retain jurisdiction—that is, authority to enforce the settlement agreement—they must, within the same 30-day period, submit the settlement agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction. The court cited Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).
Disposition
The case was dismissed with prejudice and without costs, the open motions were terminated, and the case was closed. The opinion does not state that the court decided the merits of the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.