Kerr v. Physician Affiliate Group of New York P.C. et al

Filing 277

ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the pa rties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/25/2022) (tg)

Case 1:17-cv-01777-VEC Document 277 Filed 08/25/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------- X
:
ANDREW KERR, M.D.,
:
:
Plaintiff,
:
:
-against:
:
:
PHYSICIAN AFFILIATE GROUP OF NEW
:
YORK P.C. and DR. HUSSEIN MATARI,
:
individually,
:
Defendants. :
-------------------------------------------------------------- X
VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 8/25/2022

17-CV-1777 (VEC)
ORDER

WHEREAS on August 24, 2022 (Dkt. 276), the parties notified the Court that they have
reached an agreement in principle resolving all issues;
IT IS HEREBY ORDERED THAT all previously scheduled conferences and other
deadlines are CANCELLED.
IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without
costs (including attorneys’ fees) to either party. The Clerk of Court is respectfully directed to
terminate all open motions and to CLOSE the case.
Within 30 days of this order, the parties may apply to reopen this case. Any such
application must show good cause for holding the case open in light of the parties’ settlement
and must be filed within 30 days. Any request filed after 30 days or without a showing of good
cause may be denied solely on that basis.
Additionally, if the parties wish for the Court to retain jurisdiction to enforce their
settlement agreement, they must submit within the same 30-day period: (1) their settlement
agreement to the Court in accordance with Rule 7.A of the Court’s Individual Practices and (2) a

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Case 1:17-cv-01777-VEC Document 277 Filed 08/25/22 Page 2 of 2

request that the Court issue an order expressly retaining jurisdiction to enforce the settlement
agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).
SO ORDERED.
Date: August 25, 2022
New York, NY

_____________________
_________
_________________________________
CAPRON
NI
VALERIE CAPRONI
United States District Judge

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