Monegro v. Seville Classics Inc.

Background

Frankie Monegro brought the case on behalf of himself and all others similarly situated against Seville Classics Inc. The opinion does not describe the underlying claims. On December 9, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.

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. It directed the Clerk of Court to terminate all open motions and close the case.

The order stated that, within 30 days, the parties could apply to reopen the case. Such an application had to show good cause for keeping the case open in light of the settlement. The order also stated that any 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, authority—to enforce their settlement agreement, they had to submit the settlement agreement and request an order expressly retaining that authority within the same 30-day period.

Disposition

This was a procedural order ending the case based on the parties’ reported settlement rather than a decision on the merits of the underlying claims. The case was dismissed with prejudice and without costs, and the court provided the stated 30-day procedures for possible reopening or retention of authority to enforce the settlement.