Calcano v. Monkey Sports, LLC
- Valerie Caproni
- 1:21-cv-02061
- U.S. District Court · Southern District of New York
- 2
In Calcano v. Monkey Sports, Judge Caproni dismissed the case with prejudice after an agreement in principle, without binding absent putative class members.
Marcos Calcano and Monkey Sports, LLC were bound by the dismissal. Any settlement operated only between them and did not bind absent putative class members.
What happened
In Calcano v. Monkey Sports, the parties told the court that they had reached an agreement in principle resolving all issues. The court canceled previously scheduled conferences and deadlines.
The court dismissed the case with prejudice and ordered that neither side receive costs or attorneys’ fees. It also closed the case and terminated all open motions.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause or to ask the court to retain power to enforce their settlement. She ordered the caption changed to remove the class-related language and stated that the dismissal and any settlement bind only Marcos Calcano and Monkey Sports, not absent putative class members.
The detailed version
- Calcano v. Monkey Sports, LLC · No. 1:21-cv-02061
- Valerie Caproni
- June 10, 2021
Background
On June 9, 2021, the parties informed the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the agreement’s terms.
Rulings
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 parties were given 30 days to apply to reopen the case. Such an application had to show good cause for keeping the case open despite the settlement. The court also stated that, if the parties wanted the court to retain jurisdiction—continuing authority—to enforce their settlement agreement, they had to submit the agreement and request an order retaining that authority within the same 30-day period.
The court directed the clerk to remove from the caption the language stating that Marcos Calcano sued individually and on behalf of all other similarly situated persons. Because the parties had not told the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement applied only between Calcano and Monkey Sports. They did not bind absent putative class members.
Judge
Judge Valerie Caproni entered the order and closed the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.