Tavarez-Vargas v. Riviera Seafood Club, LLC

Background

On March 30, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe 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 was directed to terminate all open motions and close the case.

The parties could apply to reopen the case within 30 days, but any 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.

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

Proposed Class

The court directed the clerk to remove the caption language stating that Carmen Tavarez-Vargas sued individually and on behalf of all others similarly situated. Because the parties did not notify the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement operate only between Tavarez-Vargas and Riviera Seafood Club, LLC. They do not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, canceled the pending deadlines, directed that the case be closed, and limited the settlement’s effect to the individual plaintiff and defendant.