Cruz v. City of New York
- Valerie Caproni
- 1:23-cv-06210
- U.S. District Court · Southern District of New York
- 2
Cruz v. City of New York was dismissed with prejudice after settlement, Judge Caproni ordered.
Edwin Cruz and the City of New York. The case was closed after the parties reached a settlement; neither party was awarded costs or attorneys’ fees, and either party may seek reopening or court enforcement of the settlement under the stated 30-day conditions.
What happened
In Cruz v. City of New York, the court was told that the parties had reached an agreement on all issues through a magistrate judge.
The court cancelled all scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, closed the case, and terminated all open motions. The parties may ask to reopen the case within 30 days if they show 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 same period.
Judge Valerie Caproni entered the order on April 3, 2024. The opinion does not describe the settlement’s terms.
The detailed version
- Cruz v. City of New York · No. 1:23-cv-06210
- Valerie Caproni
- Apr. 3, 2024
Background
The court stated that it was notified on April 2, 2024, that the parties had reached an agreement on all issues through a magistrate judge. The opinion does not provide the settlement’s terms.
Court’s Action
The court ordered that all previously scheduled conferences and other deadlines be cancelled. 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.
Possible Reopening and 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. A request filed after 30 days or without a showing of good cause may be denied on that basis alone.
The parties may also ask the court to retain jurisdiction, meaning authority to enforce the settlement agreement. To do so, they must submit the settlement agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction, both within the same 30-day period.
Disposition
The court dismissed the case with prejudice, without costs or attorneys’ fees to either party, and ordered the case closed. Judge Valerie Caproni signed the order on April 3, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.