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S.D.N.Y.Procedural orderFiled Mar. 9, 2022

Tatum-Rios v. Health Rover LLC

Judge
Valerie Caproni
Docket
1:22-cv-01043
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Tatum-Rios v. Health Rover, Judge Caproni dismissed the case with prejudice after settlement, without costs, and left absent putative class members unbound.

Who this affects

The dismissal and any settlement applied to Lynette Tatum-Rios and Health Rover LLC. Absent putative class members were not bound.

What happened

In Tatum-Rios v. Health Rover LLC, the parties told the court they had reached an agreement in principle resolving all issues. The court canceled the scheduled conferences and deadlines.

The court dismissed the case with prejudice and ordered that neither party pay costs or attorneys’ fees. It closed the case and terminated all open motions. The parties could apply within 30 days to reopen the case for good cause, and they could ask the court to retain authority to enforce their settlement by submitting the agreement and a separate request.

Judge Valerie Caproni also removed the class-action language from the caption. Because the parties had not told the court they intended to follow the required class-settlement procedure, the dismissal and any settlement applied only between Lynette Tatum-Rios and Health Rover and did not bind absent putative class members.

The detailed version

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

Case
Tatum-Rios v. Health Rover LLC · No. 1:22-cv-01043
Judge
Valerie Caproni
Date
Mar. 9, 2022

Background

On March 8, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.

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

The parties were permitted to apply within 30 days to reopen the case. Any such 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 solely on that basis.

If the parties wanted the court to retain jurisdiction—meaning authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that jurisdiction within the same 30-day period.

Class-Action Effect

The court directed the Clerk to remove the language stating that Lynette Tatum-Rios sued individually and on behalf of 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), the dismissal and any settlement were operative only between Tatum-Rios and Health Rover. 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 opinion does not state that the court retained jurisdiction to enforce the settlement.

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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