Dunbar v. Korres House LLC
- Valerie Caproni
- 1:23-cv-09976
- U.S. District Court · Southern District of New York
- 2
In Dunbar v. Korres House LLC, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening application.
Kirkpatrick Dunbar, Korres House LLC doing business as The Naxos Apothecary, and Wing Yuen Realty, Inc.
What happened
In Dunbar v. Korres House LLC, the parties told the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the agreement’s terms.
The court canceled all scheduled conferences and other deadlines. It also directed the clerk to terminate open motions and close the case.
Judge Caproni dismissed the case with prejudice and without costs, including attorneys’ fees. For 30 days, the parties may ask to reopen the case by showing good cause; they may also ask the court to retain jurisdiction to enforce their settlement agreement by submitting the agreement and a jurisdiction request.
The detailed version
- Dunbar v. Korres House LLC · No. 1:23-cv-09976
- Valerie Caproni
- May 16, 2024
Background
On May 15, 2024, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the agreement’s terms.
Court’s orders
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 may apply to reopen the case within 30 days of the order. Such an application must show good cause for keeping the case open in light of the parties’ settlement. The order states that 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—authority to enforce the settlement agreement—if they submit the agreement and a request for an order expressly retaining that authority within the same 30-day period.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, canceled the scheduled proceedings and deadlines, terminated the open motions, and directed that the case be closed. The order permits a timely application to reopen if the parties show good cause and allows a timely request for retained jurisdiction to enforce the settlement agreement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.