Ortega v. Cobra Golf Incorporated

Background

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

Ruling

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 by showing good cause for keeping it open despite their settlement. 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—the 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.

Class-Action Effect

The court directed the clerk to remove the language stating that Juan Ortega sued individually and on behalf of all others similarly situated. Because the parties had not told the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement applied only between Ortega and Cobra Golf Incorporated. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs to either party, and directed that the case be closed. The order did not make the settlement binding on absent putative class members.