Fagnani v. McCormick & Company, Incorporated

Background

Mykayla Fagnani sued McCormick & Company, Incorporated, on behalf of herself and all other persons similarly situated. On May 6, 2024, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not state the settlement’s terms.

Court’s Action

The court canceled 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 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, and an application filed after 30 days or without a showing of good cause may be denied on that basis. If the parties want the court to retain jurisdiction—the authority to resolve disputes about enforcing the settlement—they must, within the same 30-day period, submit the settlement agreement under the court’s individual practices and request an order expressly retaining that jurisdiction.

Class-Related Effect

The court directed the Clerk to remove the language “individually and on behalf of all others similarly situated” from the caption. Because the parties did not notify the court that they intended to comply with Federal Rule of Civil Procedure 23(e), which governs certain class-action settlements and dismissals, the dismissal and any settlement are operative only between Fagnani and McCormick. They do not bind absent putative class members.

Disposition

The court dismissed the case with prejudice and without costs, closed the case, and left a 30-day period for applications to reopen or for a request that the court retain jurisdiction to enforce the settlement. The opinion did not decide the underlying claims.