Summary
This is a district court order dismissing the case with prejudice following a mediated settlement between the parties. The court cancels all previously scheduled conferences and deadlines, directs the clerk to close the case, and terminates all open motions. The order provides instructions for the parties to reopen the case within thirty days upon a showing of good cause, or to submit their settlement agreement and a request for the court to retain jurisdiction to enforce it.
Topics
Practice areas
Questions Presented
- What disposition was appropriate after the parties reported reaching a settlement through mediation?
- Under what circumstances could the parties reopen the case or obtain an order retaining jurisdiction to enforce the settlement agreement?
Holdings
- After the parties reported that mediation resolved all issues, the court dismissed the action with prejudice and without costs, including attorneys' fees, terminated all open motions, and closed the case.
Key quotations
“It is further ordered that this case is DISMISSED with prejudice and without costs (including attorneys’ fees) to either party.” (Order at 2)
“Within 30 days of this order, the parties may apply to reopen this case.” (Order at 2)
Factual background
The parties reached an agreement through mediation resolving all issues in the case. The court entered the dismissal pursuant to that settlement and specified that each party would bear its own costs, including attorneys' fees.
Procedural history
The case was pending in the Southern District of New York when the parties reached a settlement through mediation. On the parties' notice of settlement, the court canceled scheduled conferences and deadlines, dismissed the action with prejudice, and directed the Clerk to close the case, while permitting a timely application to reopen for good cause.