Bowes v. American Eagle Outfitters Inc

Background The parties notified the court on May 12, 2021, that they had reached an agreement in principle resolving all issues. The opinion does not state the agreement’s terms.

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. 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 despite the parties’ settlement. The court also explained that, if the parties wanted it to retain jurisdiction 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 allegations The court directed the clerk to remove the language stating that Brooke Bowes sued 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 were operative only between Bowes and the defendants. They did not bind absent putative class members.

Disposition Judge Valerie Caproni dismissed the case with prejudice and ordered it closed, subject to the stated 30-day procedures for reopening the case or requesting retention of jurisdiction to enforce the settlement.