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S.D.N.Y.Procedural orderFiled Apr. 9, 2021

Paguada v. Rimports, LLC

Judge
Valerie Caproni
Docket
1:20-cv-07165
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Paguada v. Rimports, Judge Caproni dismissed the case with prejudice after settlement, without costs, and did not bind absent putative class members.

Who this affects

The dismissal and settlement affected Dilenia Paguada and Rimports, LLC. Absent putative class members were not bound by them.

What happened

In Paguada v. Rimports, LLC, the parties told the court 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. The parties could ask to reopen the case within 30 days by showing good cause; they could also ask the court to retain authority to enforce their settlement by submitting the agreement and a request within that period.

Judge Valerie Caproni ordered the caption changed to remove the class-action language. Because the parties had not notified the court that they would follow the federal class-settlement rule, the dismissal and settlement applied only between Dilenia Paguada and Rimports, LLC and did not bind absent putative class members.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Paguada v. Rimports, LLC · No. 1:20-cv-07165
Judge
Valerie Caproni
Date
Apr. 9, 2021

Background

Dilenia Paguada brought the case on behalf of herself and others similarly situated against Rimports, LLC. The parties notified the court on April 8, 2021, that they had reached an agreement in principle resolving all issues.

Ruling

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 order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement, and a late application or one without a showing of good cause could be denied on that basis alone.

The court also stated that, if the parties wanted the court to retain jurisdiction—the authority to enforce the settlement agreement—they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Effect on Putative Class Members

The court directed the clerk to remove the language “individually and on behalf of all others similarly situated” from the caption. Because the parties had not notified the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement operated only between Paguada and Rimports, LLC. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and directed that it be closed, subject to the order’s 30-day provisions for seeking reopening or asking the court to retain jurisdiction to enforce the settlement.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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