Paguada v. CPK Media, LLC

Background

On April 29, 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 settlement’s terms.

Court’s 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 was directed to terminate all open motions and close the case.

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

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 and dismissals, the dismissal and any settlement applied only between Josué Paguada and CPK Media, LLC. They did not bind absent putative class members.

Ruling

Judge Valerie Caproni dismissed the case with prejudice and without costs, closed the case, and limited the effect of the dismissal and settlement to the individual plaintiff and defendant. The opinion did not decide the merits of the underlying claims.