Fernandez v. Katie May, LLC
- Valerie Caproni
- 1:24-cv-01592
- U.S. District Court · Southern District of New York
- 2
In Fernandez v. Katie May, LLC, Judge Caproni dismissed the case with prejudice after settlement, without binding absent putative class members.
The order directly affects Jacqueline Fernandez and Katie May, LLC by ending their case with prejudice and without costs or attorneys’ fees. It does not bind absent putative class members.
What happened
In Fernandez v. Katie May, LLC, Jacqueline Fernandez and Katie May, LLC told the court that 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 ordered that neither party pay costs or attorneys’ fees. It also directed the Clerk to terminate pending motions and close the case. The parties could ask to reopen the case within 30 days by showing good cause.
Judge Valerie Caproni also ordered the class-related language removed from the caption. Because the parties had not notified the court that they intended to follow the class-settlement procedures in Federal Rule of Civil Procedure 23(e), the dismissal and settlement applied only between Fernandez and Katie May, LLC and did not bind absent putative class members.
The detailed version
- Fernandez v. Katie May, LLC · No. 1:24-cv-01592
- Valerie Caproni
- Apr. 21, 2025
Background
On April 18, 2025, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the agreement’s terms.
Court’s Action
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 of the order. Any such application had to show good cause for keeping the case open in light of the settlement. The court also stated that, if the parties wanted the court to retain jurisdiction 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 Members
The court directed the Clerk to remove the language “individually and on behalf of all others similarly situated” from the caption. The court stated that the parties had not notified it that they intended to comply with Federal Rule of Civil Procedure 23(e), which governs certain settlements involving class claims. As a result, the dismissal and any settlement operated only between Jacqueline Fernandez and Katie May, LLC and did not bind absent putative class members.
Classification
This is a procedural order because the court dismissed the case after the parties reported an agreement, 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.