Toro v. Comoto Holdings, LLC

Full title:LUIS TORO, Plaintiff, v. Comoto Holdings, LLC, Defendant.

Court:United States District Court, S.D. New York

23 Civ. 5640 (AT)

Date published: Sep 25, 2023

Fact:

  • The parties involved in the case have informed the court that they have reached a settlement agreement in principle. As a result, they request that the case be dismissed.

Issue: 

  • The main issue addressed in this court order is whether the case should be dismissed in light of the settlement agreement reached by the parties. Additionally, the court addresses the procedures for reopening the case if the settlement is not consummated and for retaining jurisdiction to enforce the settlement agreement.

Decision: 

  • The court orders the dismissal of the case without costs and without prejudice to the right to reopen the action within thirty days if the settlement is not finalized. The court also sets forth the procedure for filing an application to reopen and emphasizes that any application filed after the thirty-day period may be denied solely on that basis. Furthermore, if the parties wish for the court to retain jurisdiction to enforce the settlement agreement, they must submit the settlement agreement to the court within the thirty-day period to be so-ordered by the court. All pending motions are deemed moot, conferences are vacated, and the clerk of court is directed to close the case and delete certain language from the case caption.

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