Senior v. Jack Rabbit Creations, Inc.

Background

On September 22, 2022, Frank Senior and Jack Rabbit Creations, Inc. notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the agreement’s terms.

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

The parties could apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open in light of the settlement. The order states that a request filed after 30 days or without a showing of good cause could be denied on that basis alone.

The court also stated that, if the parties wanted the court to retain jurisdiction—meaning continuing authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Effect on Putative Class Members

The court directed the Clerk to remove from the caption the language stating that Frank Senior sued individually and on behalf of all other similarly situated people. 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-action settlements and dismissals, the dismissal and any settlement applied only between Senior and Jack Rabbit Creations, Inc. 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. The order did not decide the underlying claims on their merits.