Levin v. Fetch For Pets, LLC

Background

Eva Levin brought the case individually and on behalf of all others similarly situated against Fetch For Pets, LLC. The parties notified the court on April 8, 2021, that they had reached an agreement in principle resolving all issues.

Order

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

The court did not automatically retain jurisdiction to enforce the settlement agreement. If the parties wanted the court to retain that jurisdiction, they had to submit the settlement 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 phrase “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), which governs certain class-action settlements and dismissals, the dismissal and any settlement were operative only between Levin and Fetch For Pets, LLC. They did not bind absent putative class members.

Disposition

The court dismissed the case with prejudice, without costs or attorneys’ fees to either party, and closed the case. Judge Valerie Caproni did not decide the underlying claims on their merits.