Agostini v. Millennium Gem, LLC
- Valerie Caproni
- 1:24-cv-09261
- U.S. District Court · Southern District of New York
- 2
In Agostini v. Millennium Gem, Judge Caproni dismissed the case with prejudice after an agreement in principle, without costs, and did not bind absent class members.
Lunique Agostini and Millennium Gem, LLC were bound by the dismissal; absent putative class members were not bound by the dismissal or any settlement.
What happened
In Agostini v. Millennium Gem, the parties told the court they had reached an agreement in principle resolving all issues. The court canceled the remaining conferences and deadlines.
The court dismissed the case with prejudice and ordered that neither party would pay costs or attorneys’ fees. It also directed the clerk to terminate open motions and close the case. The parties could ask to reopen the case within 30 days by showing good cause, and they could ask the court to retain authority to enforce their agreement by filing the agreement and a separate request within that period.
Judge Valerie Caproni ordered the caption changed to remove the class-action language. Because the parties had not told the court they intended to follow the federal class-settlement procedure, the dismissal and any settlement applied only between Lunique Agostini and Millennium Gem, LLC, and did not bind absent putative class members.
The detailed version
- Agostini v. Millennium Gem, LLC · No. 1:24-cv-09261
- Valerie Caproni
- Apr. 17, 2025
Background
Lunique Agostini sued Millennium Gem, LLC, individually and on behalf of herself and others similarly situated. On April 11, 2025, the parties notified the court that they had reached an agreement in principle resolving all issues.
Court’s Orders
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 were allowed to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the parties’ agreement. 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—that is, continuing authority—to enforce their agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Class-Action Effect
The court directed the clerk to remove the language “individually and on behalf of all others similarly situated” from the caption. 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. As a result, the dismissal and any settlement operated only between Agostini and Millennium Gem, LLC; they did not bind absent putative class members.
Disposition
Judge Valerie Caproni dismissed the case with prejudice, without costs or attorneys’ fees to either party, closed the case, and limited the effect of any settlement to the individual plaintiff and defendant.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.