Franklin v. Whole Foods Market Group, Inc. et al

Filing 71

ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the pa rties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/17/2022) (tg)

Case 1:20-cv-04935-VEC Document 71 Filed 06/17/22 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT
DATE FILED: 6/17/2022
SOUTHERN DISTRICT OF NEW YORK
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:
HENRY FRANKLIN, on behalf of himself and
:
others similarly situated,
:
:
Plaintiff,
:
:
-against:
:
WHOLE FOODS MARKET GROUP, INC. and :
:
AMAZON.COM, INC.,
:
Defendants. :
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VALERIE CAPRONI, United States District Judge:

20-CV-4935 (VEC)
ORDER

WHEREAS on June 15, 2022 (Dkt. 70), the Court was notified through mediation that
the parties have reached an agreement in principle resolving all issues;
IT IS HEREBY ORDERED THAT all previously scheduled conferences and other
deadlines are CANCELLED.
IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without
costs (including attorneys’ fees) to either party. The Clerk of Court is respectfully directed to
terminate all open motions and to CLOSE the case.
Within 30 days of this order, the parties may apply to reopen this case. Any such
application must show good cause for holding the case open in light of the parties’ settlement
and must be filed within 30 days. Any request filed after 30 days or without a showing of good
cause may be denied solely on that basis.
Additionally, if the parties wish for the Court to retain jurisdiction to enforce their
settlement agreement, they must submit within the same 30-day period: (1) their settlement
agreement to the Court in accordance with Rule 7.A of the Court’s Individual Practices and (2) a

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Case 1:20-cv-04935-VEC Document 71 Filed 06/17/22 Page 2 of 2

request that the Court issue an order expressly retaining jurisdiction to enforce the settlement
agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).
SO ORDERED.
Date: June 17, 2022
New York, NY

_____________________________
_________________________________
VALERIE CAPRONI
CAPRON
NI
United States District Judge

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