Waxler v. Equifax Information Services, LLC

Background

On March 12, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the terms of the agreement. The listed defendants were Equifax Information Services, LLC; Tansunion, LLC; Experian Information Solutions, Inc.; and American Express Company.

Order

The court cancelled 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 order allowed the parties to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the settlement. The order stated that a request filed after 30 days, or without a showing of good cause, could be denied solely on that basis.

The parties could also request that the court retain jurisdiction—that is, continuing authority—to enforce their settlement agreement. They had to submit the settlement agreement under Rule 6.A of the court’s Individual Practices and request an order expressly retaining jurisdiction, also within 30 days.

Ruling and classification

Judge Valerie Caproni entered a settlement-based dismissal with prejudice and directed that the case be closed. The court did not reach the merits of the underlying dispute. This is classified as a procedural order because it disposed of the case based on the parties’ settlement rather than deciding who was right on the underlying claims.