Ortega v. Gartner Studios, LLC

Background

The parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the settlement's terms.

Court's Order

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 of Court was directed to terminate all open motions and close the case.

The parties were allowed to apply to reopen the case within 30 days. Any 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.

Class Allegations

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), which governs certain class settlements and dismissals, the court stated that the dismissal and settlement were operative only between Juan Ortega and Gartner Studios, LLC. They did not bind absent putative class members.

Disposition

The case was dismissed with prejudice and without costs, and the Clerk was directed to close it. This was a procedural disposition based on the parties’ agreement; the opinion did not decide the underlying claims on their merits.