Hedges v. Pacific Oaks Education Corporation

Filing 17

ORDER OF DISMISSAL... 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 co nsummated. 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 t he 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 Pract ices 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. Any proposed order approving the settlement agreement that seeks the Cour t's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to update the case number to reflect that the case is assigned to this Court and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/16/21) (yv)

Case 1:20-cv-08584-PAE-JLC Document 17 Filed 02/16/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DONNA HEDGES, on behalf of herself and all other
persons similarly situated,
Plaintiff,
-v-

20 Civ. 8584 (PAE) (JLC)

PACIFIC OAKS EDUCATION CORPORATION,

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, Dkt. 16, 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. Any proposed order approving
the settlement agreement that seeks the Court’s continued jurisdiction should either (1) expressly
state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of
the settlement agreement in the order.

Case 1:20-cv-08584-PAE-JLC Document 17 Filed 02/16/21 Page 2 of 2

The Clerk of Court is respectfully directed to update the case number to reflect that the
case is assigned to this Court and to close this case.
SO ORDERED.
__________________________________
PAUL A. ENGELMAYER
United States District Judge

Dated: February 16, 2021
New York, New York

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