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S.D.N.Y.Procedural orderFiled Dec. 22, 2022

Slade v. Ice Rover, Inc.

Judge
Valerie Caproni
Docket
1:22-cv-06973
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Slade v. Ice Rover, Judge Caproni dismissed the case with prejudice after an agreement in principle, limiting the dismissal to Slade’s individual claims.

Who this affects

Linda Slade individually and Ice Rover, Inc.; the order states that the dismissal does not operate on behalf of a class.

What happened

In Slade v. Ice Rover, Inc., Linda Slade sued Ice Rover, Inc. individually and as a representative of a proposed class. The court had previously ordered an amended complaint because of concerns about standing, and Slade filed one that the court found barely adequate to allege standing.

The parties later told the court that they had reached an agreement in principle resolving all issues and asked the court to keep jurisdiction for 45 days while they prepared settlement documents. The court canceled all scheduled conferences and other deadlines.

Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The dismissal applies only between Slade individually and Ice Rover, Inc.; the court directed the clerk to remove the class-representative language from the caption, terminate pending motions, and close the case. The parties may ask to reopen the case within 30 days for good cause or may ask the court to retain jurisdiction to enforce their agreement by filing the agreement and a proper request within that period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Slade v. Ice Rover, Inc. · No. 1:22-cv-06973
Judge
Valerie Caproni
Date
Dec. 22, 2022

Background

Linda Slade brought the action individually and as a representative of a class of similarly situated persons. On August 25, 2022, the court ordered her to file an amended complaint by September 9, 2022, or the action would be dismissed for lack of standing—the legal requirement that a plaintiff show a sufficient personal connection to the dispute. Slade filed an amended complaint on August 26, 2022. The court found that it adequately, although barely, alleged standing.

On December 21, 2022, Slade notified the court that the parties had reached an agreement in principle resolving all issues. The parties asked the court to retain jurisdiction for 45 days while they prepared settlement documents.

Ruling

Judge Valerie Caproni ordered that all previously scheduled conferences and other deadlines be canceled. The court dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The order states that the dismissal is operative only between Linda Slade individually and Ice Rover, Inc., rather than on behalf of a class. The court directed the clerk to remove the class-representative language from the caption, terminate all open motions, and close the case.

The parties may apply to reopen the case within 30 days, but the application must show good cause for keeping the case open in light of their agreement. The court also stated that, if the parties want it to retain jurisdiction to enforce their settlement agreement, they must submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period. The order does not decide the underlying claims on their merits; it resolves the case following the parties’ reported agreement in principle.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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