Martinez v. Verizon

Background

On June 3, 2021, the court was notified that an agreement had been reached on all issues through the magistrate judge. The opinion does not identify the claims or provide the terms of the agreement.

Court’s Order

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 could apply to reopen the case within 45 days. The order stated that such an application had to show good cause for keeping the case open in light of the settlement, and that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.

The court also stated that, if the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement, they had to submit the agreement and a request for an order expressly retaining jurisdiction within the same 45-day period. The Clerk was directed to mail a copy of the order to pro se plaintiff Wanda E. Martinez.

Disposition

The case was dismissed with prejudice and without costs, and the Clerk was directed to close it. The order allowed a possible application to reopen within 45 days but did not itself retain jurisdiction to enforce the settlement agreement.