Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Biltmore General Contractors Inc.

District Court, S.D. New York

Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Biltmore General Contractors Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT D DAO TC E # : F ILED: 3/3/2 025 SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X TRUSTEES OF THE NEW YORK CITY : DISTRICT COUNCIL OF CARPENTERS : PENSION FUND, WELFARE FUND, ANNUITY : FUND, APPRENTICESHIP, JOURNEYMAN : 23-CV-11275 (VEC) RETRAINING, EDUCATIONAL AND : INDUSTRY FUND, TRUSTEES OF THE NEW : ORDER YORK CITY CARPENTERS RELIEF AND : CHARITY FUND, and THE CARPENTER : CONTRACTOR ALLIANCE OF : METROPOLITAN NEW YORK, : : Plaintiffs, : -against- : : BILTMORE GENERAL CONTRACTORS INC., : and LIBERTY MUTUAL INSURANCE : COMPANY, : : Defendants. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on February 27, 2025 (Dkt. 67), the parties notified the Court that an agreement was reached on all issues; and IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. 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 30 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 30 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 30-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. < ~ (Oy Date: March 3, 2025 VALERIE CAPROMNI New York, NY United States District Judge

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