Thorne v. Tec Laboratories, Inc.
- Valerie Caproni
- 1:24-cv-02322
- U.S. District Court · Southern District of New York
- 2
In Thorne v. Tec Laboratories, Judge Caproni dismissed the settled case with prejudice, without costs, while leaving absent putative class members unbound.
Braulio Thorne and Tec Laboratories, Inc. were bound by the dismissal, while absent putative class members were not bound by the dismissal or any settlement.
What happened
In Thorne v. Tec Laboratories, Inc., the parties told the court they had reached an agreement in principle resolving all issues. The court canceled the scheduled conferences and deadlines.
The court dismissed the case with prejudice and without costs, including attorneys’ fees, and directed the clerk to close it. The parties could seek to reopen the case within 30 days by showing good cause. The dismissal and any settlement applied only between Braulio Thorne and Tec Laboratories and did not bind absent putative class members.
Judge Valerie Caproni also directed the clerk to remove the class-related language from the caption. The parties could ask the court to retain jurisdiction to enforce their settlement only if they timely submitted the settlement agreement and requested an order retaining jurisdiction.
The detailed version
- Thorne v. Tec Laboratories, Inc. · No. 1:24-cv-02322
- Valerie Caproni
- July 11, 2024
Background
Braulio Thorne brought the case on behalf of himself and other similarly situated persons against Tec Laboratories, Inc. On July 9, 2024, the parties notified the court that they had reached an agreement in principle resolving all issues.
Ruling
The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The clerk was directed to terminate all open motions and close the case.
The parties could apply to reopen the case within 30 days of the order. Any such application had to show good cause for keeping the case open despite the settlement. A request filed after 30 days or without a showing of good cause could be denied on that basis alone.
If the parties wanted the court to retain jurisdiction—the authority to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Putative Class
The court directed the clerk to remove from the caption the language stating that Thorne sued individually and on behalf of all others similarly situated. Because the parties had not notified the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement were operative only between Thorne and Tec Laboratories. They did not bind absent putative class members.
Classification
This is a procedural order because the court dismissed the case based on the parties’ settlement rather than deciding the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.