Contreras v. Black Onyx World LLC

Background

The parties notified the court on September 2, 2022, that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.

Rulings

The court ordered that all previously scheduled conferences and other deadlines be canceled. 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. Any such application had to show good cause for keeping the case open in light of the settlement. The court stated that an application filed after 30 days, or filed without a showing of good cause, could be denied on that basis alone.

If the parties wanted the court to retain jurisdiction—legal authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that jurisdiction within the same 30-day period.

Putative Class

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 dismissal and any settlement were effective only between Yensy Contreras individually and Black Onyx World LLC. They did not bind absent putative class members.

Disposition

The case was dismissed with prejudice and without costs, and the court ordered the case closed. The opinion does not state the settlement terms.