Securities and Exchange Commission v. Feller

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : SECURITIES AND EXCHANGE COMMISSION, : : Plaintiff, : : -v- : 24-CV-2896 (JMF) : PAUL FELLER et al., : ORDER OF DISMISSAL : Defendants. : : ---------------------------------------------------------------------- X JESSE M. FURMAN, United States District Judge: The Court having been advised at ECF No. 57 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 ninety days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the agreement to the Court by the deadline to reopen to be “so ordered” by the Court. Per Paragraph 5.B 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. Notwithstanding the foregoing, if the settlement in this action requires judicial approval — for example, because it involves a class action, see Fed. R. Civ. P. 23(e), “an infant or incompetent person,” see Local Civil Rule 83.2(a), or claims under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., see Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) — the parties must file a letter within three business days of the entry of this Order alerting the Court and proposing a schedule for seeking such approval. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. Dated: May 26, 2026 New York, New York JESSE AN Urftted States District Judge