Williams v. Bloomscape, Inc.

Filing 11

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 o f 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 partie s' 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. Further, any application to reopen this case must be accompanied by much more compelling ev idence that Plaintiff undertook reasonable efforts to serve Defendant within the 90-day period articulated in Fed. R. Civ. P. 4(m). Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they mus t submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Cour's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the s ettlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to amend the case caption by deleting the language "on behalf of himself and all other pe rsons similarly situated" after the individual Plaintiff's name. Because the parties did not notify the Court that they intended to comply with Fed. R. Civ. P. 23(e), this dismissal and any settlement between the parties is operative only as between the individual Plaintiff and Defendant and does not bind any absent putative class members. IT IS FURTHER ORDERED that Defendant must file a notice of appearance on the docket by June 11, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/04/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------- X
:
MILTON WILLIAMS, ON BEHALF OF
:
HIMSELF AND ALL OTHER PERSONS
:
SIMILARLY SITUATED,
:
:
Plaintiff,
:
:
-against:
:
BLOOMSCAPE, INC.,
:
Defendant. :
-------------------------------------------------------------- X
VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 6/4/2021

21-CV-1266 (VEC)
ORDER

WHEREAS on June 3, 2021 (Dkt. 10), the parties notified the Court that they 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. Further, any application to reopen this case must be
accompanied by much more compelling evidence that Plaintiff undertook reasonable efforts to
serve Defendant within the 90-day period articulated in Fed. R. Civ. P. 4(m).
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

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agreement to the Court in accordance with Rule 6.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).
IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to amend the
case caption by deleting the language “on behalf of himself and all other persons similarly
situated” after the individual Plaintiff’s name. Because the parties did not notify the Court that
they intended to comply with Fed. R. Civ. P. 23(e), this dismissal and any settlement between the
parties is operative only as between the individual Plaintiff and Defendant and does not bind any
absent putative class members.
IT IS FURTHER ORDERED that Defendant must file a notice of appearance on the
docket by June 11, 2021.

SO ORDERED.
Date: June 4, 2021
New York, NY

____________________________
_
_________________________________
VALERIE CAPRONI
N
CAPRONI
United States District Judge

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