Murphy v. Marque Of Brands Americas, LLC

Background

James Murphy brought the case on behalf of himself and other similarly situated people against Marque Of Brands Americas, LLC. On March 25, 2025, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the agreement’s terms.

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. “With prejudice” means the dismissal is final as to this case. The clerk was directed to terminate all open motions and close the case.

The parties may apply to reopen the case within 30 days of the order. Any such application must show good cause for keeping the case open in light of the settlement. The court warned that an application filed after 30 days or without a showing of good cause may be denied solely on that basis.

If the parties want the court to retain jurisdiction—meaning authority—to enforce the settlement agreement, they must, within the same 30-day period, submit the agreement under the court’s Individual Practices and request an order expressly retaining that authority.

Class allegations

The court directed the clerk to remove the words “individually and on behalf of all others similarly situated” from Murphy’s name in the caption. Because the parties did not notify the court that they intended to comply with Federal Rule of Civil Procedure 23(e), which governs certain class-action settlements and dismissals, the dismissal and any settlement operate only between Murphy and Marque Of Brands Americas, LLC. They do not bind absent putative class members.

Ruling

Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, closed the case, and limited the effect of the dismissal and any settlement to the individual parties rather than absent putative class members.