Weekes v. Crazy Aaron Enterprises, Inc.
- Valerie Caproni
- 1:21-cv-10586
- U.S. District Court · Southern District of New York
- 2
In Weekes v. Crazy Aaron Enterprises, Judge Caproni dismissed the settled case with prejudice, without costs, without binding absent putative class members.
Robert Weekes and Crazy Aaron Enterprises, Inc.; the order states that absent putative class members were not bound by the dismissal or any settlement.
What happened
In Weekes v. Crazy Aaron Enterprises, Inc., the parties told the court they had reached an agreement in principle resolving all issues. The plaintiff had brought the case individually and on behalf of similarly situated people.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice, ordered that neither party pay costs or attorneys’ fees, terminated pending motions, and closed the case. The parties could ask to reopen the case within 30 days by showing good cause.
Judge Valerie Caproni also ordered the caption changed to remove the class-related language. Because the parties had not said they would follow the court rule governing class settlements, the dismissal and any settlement applied only between the individual plaintiff and the defendant and did not bind absent putative class members.
The detailed version
- Weekes v. Crazy Aaron Enterprises, Inc. · No. 1:21-cv-10586
- Valerie Caproni
- Feb. 9, 2022
Background
On February 8, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the agreement’s terms.
Court’s order
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 of the order. The application had to show good cause for keeping the case open in light of the settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied on that basis alone.
The court also explained that, if the parties wanted it to retain jurisdiction—the authority to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.
Putative class members
The court ordered the caption changed by removing the phrase stating that Robert Weekes sued individually and on behalf of all others similarly situated. 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 and dismissals, the dismissal and any settlement applied only between Robert Weekes and Crazy Aaron Enterprises, Inc. They did not bind absent putative class members.
Disposition
Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and directed that the case be closed. The order did not decide the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.