Weekes v. Edgewell Personal Care, LLC
- Valerie Caproni
- 1:22-cv-00943
- U.S. District Court · Southern District of New York
- 2
In Weekes v. Edgewell, Judge Caproni dismissed the settled case with prejudice, without costs, and without binding absent putative class members.
Robert Weekes and Edgewell Personal Care, LLC were directly affected by the dismissal and any settlement. Absent putative class members were not bound by the dismissal or settlement.
What happened
In Weekes v. Edgewell Personal Care, LLC, the parties told the court they had reached an agreement in principle resolving all issues. The case had been brought by Robert Weekes individually and on behalf of others similarly situated.
The court canceled all scheduled conferences and deadlines and dismissed the case with prejudice, with neither party responsible for costs or attorneys’ fees. The parties could ask to reopen the case within 30 days by showing good cause. They could also ask the court to keep jurisdiction to enforce their settlement by submitting the agreement and a separate request within that period.
Judge Valerie Caproni ordered the case closed and removed the proposed class wording from the caption. Because the parties had not notified the court that they would follow the procedure for approving class settlements, the dismissal and any settlement applied only between Weekes and Edgewell and did not bind absent putative class members.
The detailed version
- Weekes v. Edgewell Personal Care, LLC · No. 1:22-cv-00943
- Valerie Caproni
- June 1, 2022
Background
The order states that, on May 31, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The caption identified Robert Weekes as suing individually and on behalf of all others similarly situated.
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 the 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.
The order also explained that, if the parties wanted the court to retain jurisdiction—that is, 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 Allegations
Judge Valerie Caproni 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 dismissal and any settlement were operative only between Weekes and Edgewell. They did not bind absent putative class members.
Disposition
The case was dismissed with prejudice, without costs or attorneys’ fees to either party, and closed, subject to the stated 30-day procedures for seeking reopening or asking the court to retain jurisdiction to enforce the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.