Jaquez v. Barnaby, Ltd.

Background

On July 8, 2021, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not state the agreement’s terms.

Court’s Actions

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 could apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open in light of the parties’ agreement and had to be filed within that 30-day period. The court also explained that the parties could ask it to retain jurisdiction to enforce their agreement if, within the same period, they submitted the agreement as required by the court’s practices and requested an order expressly retaining jurisdiction.

Class-Action Effect

The court directed the Clerk to remove the words “individually and on behalf of all others similarly situated” from the caption after Ramon Jaquez’s name. 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. As a result, the dismissal and any agreement operated only between Jaquez individually and Barnaby, Ltd.; they did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs or attorneys’ fees to either party, and directed that the case be closed. The order did not approve a settlement binding on the putative class.