Abreu v. Meliorra, LLC
- Valerie Caproni
- 1:22-cv-01329
- U.S. District Court · Southern District of New York
- 2
In Abreu v. Meliorra, LLC, Judge Caproni dismissed the case with prejudice after the parties reached a settlement agreement in principle.
The order directly affected Luigi Abreu and Meliorra, LLC. The dismissal and any settlement did not bind absent putative class members.
What happened
In Abreu v. Meliorra, LLC, the parties told the court they had reached an agreement in principle resolving all issues. The court canceled scheduled conferences and other deadlines.
The court dismissed the case with prejudice and ordered that neither party would receive costs or attorneys’ fees. It also directed the clerk to close the case and remove the class-action language from the caption.
Judge Caproni allowed the parties 30 days to request reopening for good cause or to ask the court to retain authority to enforce their settlement. The dismissal and settlement bind only Luigi Abreu and Meliorra, LLC, not absent putative class members.
The detailed version
- Abreu v. Meliorra, LLC · No. 1:22-cv-01329
- Valerie Caproni
- July 20, 2022
Background
On July 14, 2022, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide 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 was directed to terminate all open motions and close the case.
The parties could apply within 30 days to reopen the case. Such an application had to show good cause for keeping the case open despite the settlement. The court also stated that, if the parties wanted it to retain jurisdiction—meaning authority—to enforce the settlement agreement, they had to submit the agreement and request that authority within the same 30-day period.
The court directed the clerk to remove the language stating that Luigi Abreu sued individually and on behalf of all others similarly situated. Because the parties had not told the court they intended to follow the federal class-settlement procedure in Rule 23(e), the dismissal and any settlement applied only between Abreu and Meliorra, LLC. They did not bind absent members of the proposed class.
Disposition
The case was dismissed with prejudice, and the court ordered the case closed. The opinion does not decide the underlying claims because the case ended through the parties’ settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.