Miller v. James Cummins Bookseller, Inc.
- Valerie Caproni
- 1:22-cv-00696
- U.S. District Court · Southern District of New York
- 2
In Miller v. James Cummins Bookseller, Judge Caproni dismissed the case with prejudice after the parties reported an agreement in principle, without costs or fees.
The dismissal directly affected Kimberly Miller and James Cummins Bookseller, Inc. Any settlement applied only between them and did not bind absent putative class members.
What happened
In Miller v. James Cummins Bookseller, Inc., the parties told the court they had reached an agreement in principle resolving all issues. The case was brought by Kimberly Miller on behalf of herself and other similarly situated people.
Judge Valerie Caproni canceled the scheduled conferences and deadlines, dismissed the case with prejudice, ordered that neither party receive costs or attorneys’ fees, and directed the clerk to close the case. The parties could ask to reopen the case within 30 days by showing good cause.
The order also said that the court would retain power to enforce the parties’ settlement only if they submitted the settlement agreement and requested that authority within 30 days. Judge Caproni directed that the class-related language be removed from the caption because the parties had not said they would follow the federal class-settlement rule; the dismissal and any settlement therefore applied only between Miller and the defendant and did not bind absent putative class members.
The detailed version
- Miller v. James Cummins Bookseller, Inc. · No. 1:22-cv-00696
- Valerie Caproni
- Mar. 28, 2022
Background
On March 24, 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 terms of the agreement.
Court’s Orders
Judge Valerie Caproni canceled all previously scheduled conferences and other deadlines. The court 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 permitted 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 parties’ settlement. 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 the court to retain jurisdiction—the 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.
Putative Class
The clerk was directed 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), which governs certain class settlements and dismissals, the dismissal and any settlement applied only between Kimberly Miller and James Cummins Bookseller, Inc. They did not bind absent putative class members.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.