Sumlin v. Burrow, Inc.

Background

Dennis Sumlin brought the case against Burrow, Inc. on behalf of himself and others described as similarly situated. On March 26, 2025, the parties notified the court that they had reached an agreement in principle resolving all issues.

Court’s Orders

The court cancelled 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 may apply to reopen the case within 30 days if they show good cause for keeping it open despite their settlement. A request filed after 30 days, or without a showing of good cause, may be denied on that basis alone.

If the parties want the court to retain authority to enforce their settlement agreement, they must, within the same 30-day period, submit the agreement under the court’s individual-practice rule and ask the court to issue an order expressly retaining that authority.

Class-Action Effect

The court directed the clerk to remove the words “individually and on behalf of all others similarly situated” from the caption. Because the parties had not notified the court that they intended to comply with Federal Rule of Civil Procedure 23(e), which governs certain class settlements and dismissals, the dismissal and any settlement operate only between Sumlin and Burrow, Inc. They do not bind absent putative class members.

Disposition

The court dismissed the case with prejudice, without costs or attorneys’ fees to either party, and closed the case. The opinion does not state the terms of the parties’ agreement in principle.