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S.D.N.Y.Procedural orderFiled June 15, 2023

Maddy v. Fekkai Brands LLC

Judge
Valerie Caproni
Docket
1:22-cv-05646
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Maddy v. Fekkai Brands, Judge Caproni dismissed the settled case with prejudice, without costs, and clarified the settlement does not bind absent putative class members.

Who this affects

The order directly affected Veronica Maddy and Fekkai Brands LLC. It stated that the dismissal and any settlement did not bind absent putative class members.

What happened

In Maddy v. Fekkai Brands LLC, the parties told the court they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the agreement’s terms.

The court cancelled scheduled conferences and deadlines, dismissed the case with prejudice and without costs or attorneys’ fees to either party, terminated open motions, and closed the case. The parties could ask to reopen it within 30 days by showing good cause.

Judge Valerie Caproni also ordered the class-action wording removed from the caption. Because the parties had not told the court they intended to follow the required class-settlement procedure, the dismissal and any settlement applied only to Veronica Maddy and Fekkai Brands LLC, not to absent putative class members.

The detailed version

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

Case
Maddy v. Fekkai Brands LLC · No. 1:22-cv-05646
Judge
Valerie Caproni
Date
June 15, 2023

Background

The parties notified the court that they had reached an agreement in principle resolving all issues. The order does not state what claims Veronica Maddy brought or provide the terms of the agreement.

Court’s Order

The court cancelled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The court directed the Clerk of Court to terminate all open motions and close the case.

The parties could apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the parties’ settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.

The parties could also ask the court to retain jurisdiction to enforce their settlement agreement. To do so, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Class-Action Effect

The court ordered the caption amended to remove the language stating that Maddy sued on behalf of herself and 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), the dismissal and any settlement were operative only between Maddy and Fekkai Brands LLC. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs to either party, terminated open motions, and directed that the case be closed.

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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