DGI-BNSF Corp. v. TRT LeaseCo, LLC

Filing 132

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 o f 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. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 3/9/2021) (cf)

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Case 1:18-cv-03252-VEC Document 132 Filed 03/09/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X : DGI-BNSF CORP., : : Plaintiff, : : -against: : TRT LEASECO, LLC, : Defendant. : -------------------------------------------------------------- X USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 3/9/2021 18-CV-3252 (VEC) ORDER VALERIE CAPRONI, United States District Judge: WHEREAS on March 5, 2021 (Dkt. 131), 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 6.A of the Court’s Individual Practices and (2) a Page 1 of 2 Case 1:18-cv-03252-VEC Document 132 Filed 03/09/21 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: March 9, 2021 New York, NY ____________________________ _ _________________________________ VALERIE CAPRONI CAPRONI O United States District Judge Page 2 of 2

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