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Case Number: 1:20-cv-09721
Judge: P. Kevin Castel
Court: United States District Court for the Southern District of New York (Manhattan county)
Defendant's Attorney: Scott H. Goldstein
Description: New York City, New York personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory
claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
The claims made and defenses asserted are not available.
Outcome: The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and 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. 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 pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/29/2022) (ama) (Entered: 11/29/2022)