Mt. Hawley Insurance Company v. First Street Ocean Grille, LLC
- Valerie Caproni
- 1:23-cv-01198
- U.S. District Court · Southern District of New York
- 2
In Mt. Hawley Insurance Company v. First Street Ocean Grille, LLC, Judge Caproni dismissed the case after an agreement in principle, with prejudice and without costs.
Mt. Hawley Insurance Company and First Street Ocean Grille, LLC; the case was closed subject to the order’s 30-day provisions.
What happened
Mt. Hawley Insurance Company v. First Street Ocean Grille, LLC ended after 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 and without costs—including attorneys’ fees—and directed the Clerk to close the case and terminate open motions.
Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause. They could also ask the court to retain jurisdiction to enforce their settlement by submitting the agreement and a specific request within that period.
The detailed version
- Mt. Hawley Insurance Company v. First Street Ocean Grille, LLC · No. 1:23-cv-01198
- Valerie Caproni
- Apr. 19, 2024
Background
The parties notified the court that they had reached an agreement in principle resolving all issues.
Ruling
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.
Possible Reopening and Settlement Enforcement
Within 30 days, the parties could apply to reopen the case by showing good cause for keeping it open in light of their settlement. Requests filed after 30 days or without a showing of good cause could be denied on that basis. If the parties wanted the court to retain jurisdiction to enforce their settlement agreement, they were required within the same 30-day period to submit the agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.