Senior v. Garmin USA Inc.

Background

The parties notified the court on July 31, 2023, that they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement's terms.

Court's Orders

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

The parties could apply to reopen the case within 30 days, but the application had to show good cause for keeping the case open in light of the 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.

If the parties wanted the court to retain authority to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

Putative Class Members

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), which governs certain class-action settlements and dismissals, the court stated that the dismissal and any settlement were operative only between Frank Senior and Garmin USA, Inc. They did not bind absent putative class members.

Disposition

Judge Valerie Caproni dismissed the case with prejudice, without costs or attorneys’ fees to either party, and directed that the case be closed. The order did not decide the underlying claims.