Hedges v. Barton College

Background

On April 27, 2021, Donna Hedges and Barton College 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 that agreement.

Court’s Orders

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

If the parties wanted the court to retain jurisdiction—the power to oversee enforcement—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Class-Action Treatment

The court ordered that the caption no longer include the language stating that Hedges brought the case “individually and on behalf of all others similarly situated.” 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 settlements and dismissals, the court stated that the dismissal and any settlement operated only between Hedges and Barton College. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and closed the case. The order did not decide the underlying legal claims on their merits.