Brown v. Christie's Enterprises, Inc.

Background

Lamar Brown brought the case on behalf of himself and others similarly situated against Christie's Enterprises, Inc. On March 24, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues.

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

The parties were allowed 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 stated that an application filed after 30 days, or filed without a showing of good cause, could be denied solely on that basis.

The court also explained that, if the parties wanted the court to retain jurisdiction to enforce their settlement agreement, they had to submit the settlement agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction. Both submissions had to be made within the same 30-day period.

Class-Action Effect

The court directed the clerk to remove the language “individually and on behalf of all others similarly situated” from the caption. Because the parties had not notified the court that they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement were operative only between Brown and Christie's Enterprises, Inc. They did not bind absent putative class members.