Tavarez-Vargas v. Lawnbright LLC

Filing 8

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 Cler k 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 p arties' 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 thei r 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 retain ing 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 "in dividually and on behalf of all others 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. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/6/2022) (tg)

Case 1:22-cv-00263-VEC Document 8 Filed 05/06/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------- X
CARMEN TAVAREZ-VARGAS, Individually, :
:
and On Behalf of All Others Similarly Situated,
:
:
Plaintiff,
:
:
-against:
:
LAWNBRIGHT LLC,
:
Defendant. :
-------------------------------------------------------------- X
VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/6/2022

22-CV-0263 (VEC)
ORDER

WHEREAS on May 5, 2022 (Dkt. 7), the parties notified the Court that they have
reached an agreement in principle resolving all issues; and
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

Page 1 of 2

Case 1:22-cv-00263-VEC Document 8 Filed 05/06/22 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).
IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to amend the
case caption by deleting the language “individually and on behalf of all others 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.

SO ORDERED.
Date: May 6, 2022
New York, NY

____________________________
__
_
_________________________________
VALERIE CAPRONI
CAPRONI
N
United States District Judge

Page 2 of 2