Tavarez v. Change.org, PBC

Background

On March 23, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement’s terms.

Court’s action

The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorney 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 despite the parties’ settlement and had to be filed within that 30-day period. The order also stated that, if the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Putative class members

The court directed the Clerk to remove the language “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), which governs certain class-action settlements and dismissals, the court stated that the dismissal and any settlement were effective only between the individual plaintiff and the defendant. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, closed the case, and issued the related instructions about reopening, retaining jurisdiction, and the effect on absent putative class members.