Asbell v. Michael Del Piero Good Design, LLC
- Valerie Caproni
- 1:23-cv-09367
- U.S. District Court · Southern District of New York
- 2
In Asbell v. Michael Del Piero Good Design, Judge Caproni dismissed the case with prejudice after mediation produced an agreement, without costs or attorneys’ fees.
Yale Asbell and Audrey Asbell, and Michael Del Piero Good Design, LLC and Michael Del Piero. The order canceled the case’s scheduled conferences and deadlines, terminated open motions, closed the case, and set a 30-day period for possible requests to reopen the case or retain jurisdiction to enforce the settlement.
What happened
In Asbell v. Michael Del Piero Good Design, the court was notified that the parties had reached an agreement on all issues through mediation.
The court canceled all previously scheduled conferences and other deadlines. It also directed the clerk to terminate all open motions and close the case.
Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. 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 specific request within that period.
The detailed version
- Asbell v. Michael Del Piero Good Design, LLC · No. 1:23-cv-09367
- Valerie Caproni
- Apr. 5, 2024
Background
On April 4, 2024, the Court was notified that the parties had reached an agreement on all issues through mediation. The opinion does not describe the underlying claims or the terms of the agreement.
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 may apply to reopen the case within 30 days. The application must show good cause for keeping the case open in light of the settlement, and a late application or one without a showing of good cause may be denied on that basis. If the parties want the Court to retain jurisdiction—the power to enforce the settlement agreement—they must, within the same 30-day period, submit the agreement in accordance with the Court’s individual-practice rule and request an order expressly retaining jurisdiction.
Disposition
Judge Valerie Caproni ordered the case dismissed with prejudice and without costs, including attorneys’ fees, and directed that the case be closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.