Automated Summary
Key Facts
The case has been settled in principle. The court ordered discontinuation of the action without costs to any party and without prejudice. The parties may restore the action within 45 days by filing an application. If seeking court jurisdiction to enforce a settlement agreement, the terms must be publicly recorded and 'so ordered' by the court within the same 45-day period.
Issues
- The court dismissed the case without prejudice and set a 45-day period for reinstatement. Any application to reopen must be filed within 45 days, or it may be denied. The court also specified that if the parties seek jurisdiction to enforce a settlement, the agreement must be publicly recorded within the same timeframe as per Hendrickson v. United States.
- Parties must file the settlement agreement publicly if seeking court jurisdiction retention. The terms of the agreement must be placed on the public record and 'so ordered' by the Court within 45 days of the dismissal order, as outlined in Hendrickson v. United States.
Remedies
- If the parties seek the court to retain jurisdiction to enforce a settlement agreement, the terms must be placed on the public record and 'so ordered' by the Court within 45 days of this order.
- The court ordered the case to be discontinued without costs to any party and without prejudice. The action may be restored within 45 days if an application is made to the court. Any application to reopen must be filed within 45 days, and if the parties want the court to retain jurisdiction for a settlement agreement, the terms must be placed on the public record and 'so ordered' by the Court within that period.
Legal Principles
The case has been settled in principle, leading to the action being discontinued without costs to any party and without prejudice. The court allows the parties to restore the action within 45 days by filing an application. If seeking court jurisdiction to enforce the settlement, terms must be public within the same 45-day period. (Cited: Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015))
Precedent Name
Hendrickson v. United States
Judge Name
Ronnie Abrams
Passage Text
- It has been reported to the Court that this case has been settled in principle. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within forty-five (45) days.
- Any application to reopen this action must be filed within forty-five (45) of this order, and any application filed thereafter may be denied solely on that basis. If the parties seek to have the Court retain jurisdiction to enforce a settlement agreement, the terms of the agreement must be placed on the public record and 'so ordered' by the Court within the same forty-five-day period.