Opinion
22-CV-6878 (VEC)
12-06-2022
JOSHUA ADAMS, Plaintiff, v. 64 DOWNING STREET LLC and SARPAR LLC Defendants.
ORDER
VALERIE CAPRONI, United States District Judge:
WHEREAS on August 23, 2022, Plaintiff sued 64 Downing Street LLC and Sarpar LLC, alleging that Plaintiff was “den[ied] access to, and full and equal enjoyment of the goods and services of the Facility,” in violation of the Americans with Disability Act (“ADA”), Dkt. 1;
WHEREAS on November 2, 2022, the parties notified the Court that they reached an agreement in principle resolving all issues, Dkt. 29;
WHEREAS on November 3, 2022, the Court ordered Plaintiff to move for leave to amend the complaint to adequately allege standing, see Dkt. 32; and
WHEREAS on November 14, 2022, Plaintiff moved to amend the complaint and filed a proposed amended complaint as an exhibit that adequately alleges standing, see Dkt. 33.
WHEREAS on December 5, 2022, the Court ordered Plaintiff to file the proposed amended complaint as an amended complaint, Dkt. 34; and
WHEREAS Plaintiff filed the Amended Complaint on December 6, 2022, see Dkt. 38.
IT IS HEREBY 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 15 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 15 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 15-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.