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S.D.N.Y.Procedural orderFiled Jan. 21, 2022

Stevez v. Adventhealth University, Inc.

Judge
Valerie Caproni
Docket
1:21-cv-08650
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Stevez v. Adventhealth University, Judge Caproni dismissed the settled case with prejudice, without costs, and limited the settlement’s effect to the named parties.

Who this affects

Arturo Stevez and Adventhealth University, Inc. were bound by the dismissal and any settlement between them. The order stated that absent putative class members were not bound.

What happened

In Stevez v. Adventhealth University, Inc., the parties told Judge Valerie Caproni that they had reached an agreement in principle resolving all issues. The case had been brought by Arturo Stevez for himself and other similarly situated people.

The court canceled the scheduled conferences and deadlines and directed the clerk to close the case. It also removed the language identifying Stevez as representing other similarly situated people from the case caption.

Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The order said the dismissal and any settlement applied only between Arturo Stevez and Adventhealth University, Inc., and did not bind absent putative class members because the parties had not notified the court that they intended to follow the class-settlement procedures in Federal Rule of Civil Procedure 23(e).

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Stevez v. Adventhealth University, Inc. · No. 1:21-cv-08650
Judge
Valerie Caproni
Date
Jan. 21, 2022

Background

Arturo Stevez brought this case on behalf of himself and other persons described as similarly situated. On January 20, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues.

Court’s 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 was directed to terminate all open motions and close the case.

The parties were allowed to apply within 30 days to reopen the case. Such an application had to show good cause for keeping the case open in light of the settlement. The court also stated that, if the parties wanted the court to retain jurisdiction to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within that same 30-day period.

The court directed the clerk to remove the language “individually and on behalf of all others similarly situated” from the caption after Stevez’s name. Because the parties had not told the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the court stated that the dismissal and any settlement were effective only between Arturo Stevez and Adventhealth University, Inc. They did not bind absent putative class members.

Disposition and Classification

Judge Valerie Caproni dismissed the case with prejudice and without costs and closed the case, subject to the stated 30-day procedures for seeking to reopen it or asking the court to retain jurisdiction to enforce the settlement. The order resolved the case through a settlement-related dismissal rather than deciding the underlying claims, so this is a procedural order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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