Banco Cooperativo de PR v. Elias Group, LLC

Filing 120

ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, see No. 15 Civ. 6563, Dkt. 231, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and w ithout prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen fil ed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty- day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement u nless it is made part of the public record. For the avoidance of doubt, the other actions with which this case has been consolidated remain active and are unaffected by this Order. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 1/31/2020) (jwh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BANCO COOPERATIVO DE PR,
-v-

Plaintiff,

17 Civ. 6697 (PAE) (KNF)

ELIAS GROUP, LLC,

ORDER
Defendant.

PAUL A. ENGELMAYER, District Judge:
The Court having been advised by the parties that all claims asserted herein have been
settled in principle, see No. 15 Civ. 6563, Dkt. 231, it is ORDERED that the above-entitled
action is hereby dismissed and discontinued without costs, and without prejudice to the right to
reopen the action within thirty days of the date of this Order if the settlement is not
consummated.
To be clear, any application to reopen must be filed within thirty days of this Order; any
application to reopen filed thereafter may be denied solely on that basis. Further, if the parties
wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement,
they must submit the settlement agreement to the Court within the same thirty-day period to be
“so ordered” by the Court. Per Paragraph 4(C) of the Court’s Individual Rules and Practices for
Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a
settlement agreement unless it is made part of the public record.
For the avoidance of doubt, the other actions with which this case has been consolidated
remain active and are unaffected by this Order.
The Clerk of Court is respectfully directed to close this case.

SO ORDERED.

PaJA.�

__________________________________
PAUL A. ENGELMAYER
United States District Judge

Dated: January 31, 2020
New York, New York

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