Slade v. Methodology, Inc.
- Valerie Caproni
- 1:23-cv-05099
- U.S. District Court · Southern District of New York
- 2
In Slade v. Methodology, Inc., Judge Caproni dismissed the settled case with prejudice but did not bind absent putative class members.
Linda Slade and Methodology, Inc. are directly affected by the dismissal and any settlement. Absent members of the proposed class are not bound by the dismissal or settlement.
What happened
Linda Slade sued Methodology, Inc. individually and on behalf of similarly situated people. The parties told Judge Valerie Caproni that they had reached an agreement in principle resolving all issues.
The court canceled scheduled conferences and deadlines, dismissed the case with prejudice and without costs or attorneys’ fees to either party, terminated pending motions, and closed the case. The parties could ask to reopen the case within 30 days by showing good cause.
Judge Caproni also ordered the caption changed to remove the class-related language. Because the parties did not notify the court that they would follow the rule governing class settlements, the dismissal and any settlement apply only between Linda Slade and Methodology, Inc.; they do not bind absent putative class members.
The detailed version
- Slade v. Methodology, Inc. · No. 1:23-cv-05099
- Valerie Caproni
- Aug. 22, 2023
Background
Linda Slade brought this case individually and as the representative of a proposed class of similarly situated people against Methodology, Inc. On August 21, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues. The order does not describe the underlying claims or the settlement’s terms.
Court’s Orders
Judge Valerie Caproni canceled all previously scheduled conferences and other deadlines. The court dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. It directed the Clerk of Court to terminate all open motions and close the case.
The parties may apply to reopen the case within 30 days of the order. Such an application must show good cause for keeping the case open despite the settlement. The order states that a request filed after 30 days, or without a showing of good cause, may be denied solely for that reason.
If the parties want the court to retain jurisdiction—the authority to oversee enforcement—to enforce their settlement agreement, they must, within the same 30-day period, submit the settlement agreement under Rule 7.A of the court’s Individual Practices and ask the court to issue an order expressly retaining jurisdiction.
Effect on the Proposed Class
The court ordered the caption amended to remove the language stating that Slade sued individually and on behalf of others similarly situated. The order says the parties did not notify the court that they intended to comply with Federal Rule of Civil Procedure 23(e), which governs certain class settlements and dismissals. As a result, the dismissal and any settlement operate only between Slade and Methodology, Inc. They do not bind absent members of the proposed class.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.