Guerrero v. 100% Made in the USA Bully Tools, Inc.

Background

The plaintiff, Edel mira Guerrero, sued 100% Made in the USA Bully Tools, Inc., individually and on behalf of all others similarly situated. The opinion states that, on February 3, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues.

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 order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement. The order also stated that, if the parties wanted the court to retain jurisdiction—the court’s authority—to enforce their settlement agreement, they had to submit the agreement and request continued jurisdiction within the same 30-day period.

Class allegations

The court directed the Clerk to remove from the caption the language stating that Guerrero sued individually and on behalf of all others similarly situated. 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 court stated that the dismissal and any settlement operate only between Guerrero and the defendant. They do not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, closed the case, and limited the effect of the dismissal and settlement to Guerrero and the defendant.