Williams v. Bloomscape, Inc.
- Valerie Caproni
- 1:21-cv-01266
- U.S. District Court · Southern District of New York
- 2
In Williams v. Bloomscape, Judge Caproni dismissed the case with prejudice after an agreement in principle, without costs, and did not bind absent putative class members.
Milton Williams and Bloomscape, Inc. were affected by the dismissal and settlement-related orders. Absent putative class members were not bound by the dismissal or any settlement between Williams and Bloomscape.
What happened
In Williams v. Bloomscape, Inc., the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement’s terms.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, terminated open motions, and closed the case. The parties could ask to reopen it within 30 days for good cause. Any request to retain the court’s authority to enforce the settlement had to include the settlement agreement and a request for that authority.
Judge Valerie Caproni also ordered that the class-action language be removed from the caption. Because the parties had not indicated that they would follow the required class-settlement procedures, the dismissal and settlement applied only between Milton Williams and Bloomscape and did not bind absent putative class members.
The detailed version
- Williams v. Bloomscape, Inc. · No. 1:21-cv-01266
- Valerie Caproni
- June 4, 2021
Background
On June 3, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the terms of that agreement.
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 of Court was directed 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 court stated that a late application, or one without a showing of good cause, could be denied on that basis alone. The court also required any reopening application to include more compelling evidence that the plaintiff had made reasonable efforts to serve the defendant within the 90-day period described in Federal Rule of Civil Procedure 4(m).
If the parties wanted the court to retain authority to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Class allegations and caption
The court ordered the Clerk to remove the language stating that Milton Williams sued on behalf of himself and all other similarly situated persons. 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 Williams and Bloomscape. They did not bind absent putative class members.
The court also ordered Bloomscape to file a notice of appearance by June 11, 2021.
Disposition
Judge Valerie Caproni dismissed the case with prejudice, without costs to either party, and closed the case. This was a settlement-related disposition rather than a decision on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.