Zelvin v. Blue Collar Workwear, LLC
- Valerie Caproni
- 1:23-cv-08757
- U.S. District Court · Southern District of New York
- 2
In Zelvin v. Blue Collar Workwear, Judge Caproni dismissed the settled case with prejudice, without costs, and limited its effect to the named parties.
Lynn Zelvin and Blue Collar Workwear, LLC were directly affected by the dismissal and any settlement. Absent putative class members were not bound by the dismissal or settlement.
What happened
Zelvin v. Blue Collar Workwear, LLC involved Lynn Zelvin, who sued on behalf of himself and others similarly situated. The parties told the court they had reached an agreement in principle resolving all issues.
The court canceled the scheduled conferences and deadlines, dismissed the case with prejudice, ordered that neither party would receive costs or attorney’s fees, and directed the clerk to close the case. The parties could ask to reopen the case within 30 days by showing good cause.
Judge Valerie Caproni also removed the class-action language from the caption. Because the parties had not notified the court that they intended to follow the federal class-settlement procedure, the dismissal and any settlement applied only between Lynn Zelvin and Blue Collar Workwear, LLC and did not bind absent putative class members.
The detailed version
- Zelvin v. Blue Collar Workwear, LLC · No. 1:23-cv-08757
- Valerie Caproni
- Jan. 29, 2024
Background
Lynn Zelvin brought the case against Blue Collar Workwear, LLC on behalf of himself and others similarly situated. On January 27, 2024, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement’s terms.
Court’s Order
The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorney’s fees, to either party. The clerk was directed 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 in light of the settlement. The court also stated that, if the parties wanted it to retain jurisdiction to enforce the settlement, they had to submit the settlement agreement and request an order expressly retaining jurisdiction within the same 30-day period.
Effect on Putative Class Members
The court directed the clerk to remove the language stating that Zelvin sued on behalf of others similarly situated. Because the parties had not told the court they intended to comply with Federal Rule of Civil Procedure 23(e), the dismissal and any settlement were operative only between Zelvin and Blue Collar Workwear, LLC. They did not bind absent putative class members.
Classification
This is a procedural order. The court closed the case based on the parties’ agreement and did not decide the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.