Zhang v. Nobu Restaurant Group, LLC

Background

Andrew Zhang brought this case on behalf of himself and others similarly situated against Nobu Restaurant Group, LLC. On December 9, 2024, the parties notified the court that they had reached an agreement in principle resolving all issues.

Order

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 of Court was directed to terminate all open motions and close the case.

The parties could apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open in light of the parties’ settlement. The court warned that an application 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 to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Effect on Putative Class Members

The court directed the Clerk to remove the language stating that Andrew Zhang sued individually and on behalf of all others similarly situated. Because the parties had not told the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement were operative only between Andrew Zhang and Nobu Restaurant Group, LLC. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, canceled the pending case schedule, directed closure of the case, and specified that absent putative class members were not bound by the dismissal or any settlement.