Bassaw v. Global Resources Registry, LLC

Background

The parties notified the court on August 16, 2023, that they had reached an agreement in principle resolving all issues. The opinion does not provide the settlement terms.

Order

The court canceled all previously scheduled conferences and other deadlines. It directed the clerk to terminate all open motions and close the case. The court dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. A dismissal with prejudice generally bars the same case from being brought again, but this order also allowed the parties to apply to reopen the case within 30 days. The application had to show good cause for keeping the case open in light of the settlement; a late application or one without that showing could be denied on that basis alone.

The parties could also ask the court to retain jurisdiction—that is, continuing authority—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.

Proposed Class

The court directed the clerk to remove the words “individually and on behalf of all others similarly situated” from Bassaw’s name in 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 proposed-class settlements and dismissals, the dismissal and any settlement were operative only between Bassaw and Global Resources Registry, LLC. They did not bind absent members of the proposed class.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, closed the case, and terminated the open motions. The order did not decide the underlying claims on their merits.