Securities and Exchange Commission v. Kamensky
Filing
36
ORDER: IT IS HEREBY ORDERED that all previously scheduled conferences and other deadlines are CANCELED. 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 60 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 60 days. Any request filed after 60 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 settle ment agreement, they must submit within the same 60-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 7/16/2021) (ama)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SECURITIES AND EXCHANGE
:
COMMISSION,
:
:
Plaintiff,
:
:
-against:
:
:
DANIEL B. KAMENSKY,
:
:
Defendant. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 7/16/2021
20-CV-7193 (VEC)
ORDER
VALERIE CAPRONI, United States District Judge:
WHEREAS on July 16, 2021, the parties notified the Court that they have reached an
agreement in principle resolving all issues, Dkt. 35;
IT IS HEREBY ORDERED that all previously scheduled conferences and other
deadlines are CANCELED.
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 60 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 60 days. Any request filed after 60 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 60-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.
________________________
VALERIE CAPRONI
United States District Judge
Date: July 16, 2021
New York, New York
2
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