Gonzalez v. Jouer Cosmetics, LLC
- Valerie Caproni
- 1:20-cv-03794
- U.S. District Court · Southern District of New York
- 2
In Gonzalez v. Jouer Cosmetics, Judge Caproni dismissed the settled case with prejudice, without costs, while allowing a possible 30-day reopening request.
Raymond Gonzalez, the people he sought to represent, and Jouer Cosmetics, LLC; the order also sets conditions under which the parties may seek to reopen the case or have the court enforce their agreement.
What happened
In Gonzalez v. Jouer Cosmetics, LLC, the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the agreement’s terms.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice and without costs or attorneys’ fees to either party, terminated all open motions, and closed the case.
Judge Caproni said the parties could ask to reopen the case within 30 days if they showed good cause. They could also ask the court to retain authority to enforce their agreement by submitting the agreement and a specific request within that period.
The detailed version
- Gonzalez v. Jouer Cosmetics, LLC · No. 1:20-cv-03794
- Valerie Caproni
- Sept. 16, 2020
Background
Raymond Gonzalez sued Jouer Cosmetics, LLC on behalf of himself and all others similarly situated. The opinion does not state the claims’ substance. On September 15, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.
Ruling
The court ordered that all previously scheduled conferences and other deadlines be canceled. 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.
Possible Reopening and Enforcement
The parties may apply to reopen the case within 30 days of the order. Such an application must show good cause for holding the case open in light of the parties’ settlement. A request 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—that is, authority—to enforce their settlement agreement, they must, within the same 30-day period, submit the agreement under Rule 6.A of the court’s Individual Practices and request an order expressly retaining that authority. The opinion does not state whether the parties later made either request.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.