Velazquez v. The Learning Journey International, LLC
- Valerie Caproni
- 1:22-cv-07162
- U.S. District Court · Southern District of New York
- 2
In Velazquez v. The Learning Journey, Judge Caproni dismissed the individual case with prejudice after the parties reached an agreement in principle.
Bryan Velazquez and The Learning Journey International, LLC; the dismissal was expressly limited to their individual dispute and did not operate on behalf of others similarly situated.
What happened
Velazquez v. The Learning Journey International, LLC began with an order requiring Bryan Velazquez to file an amended complaint or face dismissal for lack of standing. He filed the amended complaint on time, and the court found that it adequately alleged standing.
After the parties reported an agreement in principle resolving all issues, the court canceled all scheduled conferences and deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The dismissal applied only to Bryan Velazquez and The Learning Journey International, LLC, not to other people described in the original class-action language.
Judge Valerie Caproni also directed the clerk to close the case and terminate open motions. Judge Caproni allowed the parties 30 days to seek reopening for good cause or to request that the court retain jurisdiction to enforce a submitted settlement agreement.
The detailed version
- Velazquez v. The Learning Journey International, LLC · No. 1:22-cv-07162
- Valerie Caproni
- Nov. 10, 2022
Background
On August 25, 2022, the Court ordered Bryan Velazquez to file an amended complaint by September 2, 2022, or the action would be dismissed for lack of standing. Velazquez filed the amended complaint on September 2, and the Court determined that it adequately alleged standing.
On November 9, 2022, Velazquez notified the Court that the parties had reached an agreement in principle resolving all issues. The parties asked the Court to retain jurisdiction for 60 days while they prepared settlement documents.
Ruling
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 Court specified that the dismissal was operative only between Bryan Velazquez and The Learning Journey International, LLC. It directed the clerk to remove the class-action language from the caption, terminate all open motions, and close the case.
The parties were permitted to 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 also stated that, if the parties wanted the Court to retain jurisdiction 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 of the Order
The order ended the individual case with prejudice, but it did not operate on behalf of the other people identified in the original class-action language. The opinion does not describe the underlying claims or the settlement’s terms.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.