Contreras v. Zenga Inc.

Background

On May 19, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues.

Court’s Orders

The court cancelled 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 within 30 days to reopen the case. Any such application had to show good cause for keeping the case open in light of their settlement. The court also stated that, if the parties wanted it 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-Action Effect

The court directed the Clerk to remove the language stating that Yensy Contreras sued individually and on behalf of all others similarly situated. 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 operate only between Contreras and Zenga Inc. They do not bind absent putative class members.

Disposition

The case was dismissed with prejudice and without costs, and the court closed the case. The opinion does not disclose the terms of the parties’ agreement.