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S.D.N.Y.Procedural orderFiled Apr. 29, 2021

Quezada v. Del Sol Food Company Incorporated

Judge
Valerie Caproni
Docket
1:20-cv-10929
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Quezada v. Del Sol Food, Judge Caproni dismissed the settled case with prejudice, but the settlement did not bind absent putative class members.

Who this affects

Jose Quezada and Del Sol Food Company Incorporated were bound by the dismissal and any settlement between them. Absent putative class members were not bound by the dismissal or settlement.

What happened

In Quezada v. Del Sol Food Company Incorporated, the parties told the court they had reached an agreement in principle resolving all issues.

The court cancelled scheduled conferences and deadlines, dismissed the case with prejudice and without costs or attorneys’ fees to either party, and closed the case. The parties could ask to reopen it within 30 days by showing good cause, and they could ask the court to retain authority to enforce their settlement by submitting the agreement and a request within that period.

Judge Valerie Caproni also removed the class-action language from the caption. Because the parties had not said they intended to follow the required class-settlement procedure, the dismissal and settlement applied only between Jose Quezada and Del Sol Food Company Incorporated and did not bind absent putative class members.

The detailed version

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

Case
Quezada v. Del Sol Food Company Incorporated · No. 1:20-cv-10929
Judge
Valerie Caproni
Date
Apr. 29, 2021

Background

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 settlement’s terms.

Court’s Orders

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 parties were allowed to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open in light of the settlement. A request filed after 30 days or without a showing of good cause could be denied on that basis alone.

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

Class-Action Caption and Effect

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), which governs certain class settlements, the dismissal and any settlement operated only between the individual plaintiff and the defendant. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs to either party, closed the case, and ordered the caption amended. The court did not retain jurisdiction to enforce the settlement in the order itself; it described the steps the parties could take to request that authority within 30 days.

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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