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S.D.N.Y.Procedural orderFiled Mar. 21, 2024

Darezzo v. Recreational Plus Lev Inc.

Judge
Valerie Caproni
Docket
1:23-cv-09090
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Darezzo v. Recreational Plus Lev Inc., Judge Caproni dismissed the settled case with prejudice and without costs.

Who this affects

Claudio Darezzo, Recreational Plus Lev Inc., and 84 Hoyt LLC.

What happened

In Darezzo v. Recreational Plus Lev Inc. and 84 Hoyt LLC, the parties told the court they had reached an agreement in principle resolving all issues.

The court canceled scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, terminated open motions, and closed the case. The parties could ask to reopen it within 30 days by showing good cause; they could also ask the court to retain authority to enforce their settlement by submitting the agreement and a request within that period.

Judge Valerie Caproni issued the order on March 21, 2024.

The detailed version

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

Case
Darezzo v. Recreational Plus Lev Inc. · No. 1:23-cv-09090
Judge
Valerie Caproni
Date
Mar. 21, 2024

Background

On March 20, 2024, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.

Court’s 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 of Court was directed to terminate all open motions and close the case.

The parties were permitted to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open in light of the settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.

The court also stated that, if the parties wanted it to retain jurisdiction—legal authority to enforce the settlement agreement—they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Disposition

The court dismissed the case with prejudice and without costs, terminated the open motions, and closed the case. Judge Valerie Caproni signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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