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S.D.N.Y.Procedural orderFiled Apr. 15, 2024

Hermann v. Valnet Inc.

Judge
Valerie Caproni
Docket
1:23-cv-11244
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Hermann v. Valnet Inc., Judge Caproni dismissed the case with prejudice after the parties reported an agreement in principle, subject to a 30-day reopening provision.

Who this affects

Marc A. Hermann and Valnet Inc.; the case was closed after the parties reported an agreement in principle, with no costs or attorneys’ fees awarded to either party.

What happened

In Hermann v. Valnet Inc., Marc A. Hermann and Valnet Inc. told the court that they had reached an agreement in principle resolving all issues. The order does not describe the underlying claims or the settlement terms.

The court canceled all 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. Within 30 days, the parties could ask to reopen the case by showing good cause. They could also ask the court to retain authority to enforce their settlement by submitting the agreement and a proper request within that period.

The detailed version

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

Case
Hermann v. Valnet Inc. · No. 1:23-cv-11244
Judge
Valerie Caproni
Date
Apr. 15, 2024

Background

On April 12, 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.

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 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 on that basis alone.

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

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs to either party, and closed the case, while allowing the parties to seek reopening or retention of enforcement jurisdiction under the stated 30-day conditions.

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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