Mercado v. PetSmart, LLC.

Background

The court was notified by Magistrate Judge Parker that Mercado and PetSmart had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the terms of the agreement.

Court’s Action

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 were permitted to apply within 30 days to reopen the case. Any such application had to show good cause for keeping the case open in light of the settlement, and 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—the power to enforce their settlement agreement—they had to submit the agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining that jurisdiction within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs to either party, terminated the open motions, and closed the case. The order did not decide the merits of the underlying dispute.