Sanchez v. Forbes Media LLC

Background

Christian Sanchez brought the case against Forbes Media LLC on behalf of himself and all others similarly situated. The opinion does not describe the underlying claims or the terms of the parties’ agreement. On May 26, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues.

Court’s Orders

The court ordered that all previously scheduled conferences and other deadlines were canceled. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. “With prejudice” means the dismissal bars the same case from being brought again. The court directed the Clerk of Court to terminate all open motions and close the case.

The parties were permitted to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement. The order stated that a request 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—legal authority to enforce their settlement agreement—they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Class Allegations

The court ordered the Clerk to remove the words “individually and on behalf of all others similarly situated” from Sanchez’s name in the case 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 operated only between Sanchez and Forbes Media LLC. They did not bind absent members of the proposed class.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs to either party, canceled the pending schedule, closed the case, and limited the effect of the dismissal and any settlement to Sanchez and Forbes Media LLC.