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S.D.N.Y.Procedural orderFiled Mar. 23, 2022

Weekes v. Le-Vel

Judge
Valerie Caproni
Docket
1:21-cv-10217
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Weekes v. Le-Vel, Judge Caproni dismissed the settled case with prejudice and without costs, without binding absent putative class members.

Who this affects

Robert Weekes and Le-Vel were directly affected by the dismissal and any settlement. Absent putative class members were not bound by the dismissal or settlement.

What happened

Weekes v. Le-Vel was brought by Robert Weekes individually and on behalf of others similarly situated. The parties notified the court that they had reached an agreement in principle resolving all issues.

The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs, terminated open motions, and closed the case. The parties could ask to reopen it within 30 days by showing good cause. Any settlement applied only between Weekes and Le-Vel because the parties had not notified the court that they intended to follow the federal class-action settlement procedure.

Judge Valerie Caproni also ordered the clerk to remove the class-action language from the caption. The court stated that the dismissal and any settlement did not bind absent putative class members.

The detailed version

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

Case
Weekes v. Le-Vel · No. 1:21-cv-10217
Judge
Valerie Caproni
Date
Mar. 23, 2022

Background

The case was brought by Robert Weekes individually and on behalf of all others similarly situated against Le-Vel. On March 21, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues.

Order

The court ordered that all previously scheduled conferences and other deadlines be canceled. 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 to reopen the case within 30 days. 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—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.

The court directed the clerk to remove the words “individually and on behalf of all others similarly situated” from the caption. 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 Weekes and Le-Vel and did not bind absent putative class members.

Classification

This was a procedural order dismissing the case after the parties reported an agreement in principle. The order did not decide the underlying legal claims.

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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