Mejia v. Casa de Fanelli 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 Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. 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 Plaintiffs name. (Signed by Judge Valerie E. Caproni on 7/29/2022) (ate)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X : RICHARD MEJIA, Individually, and On : Behalf of All Others Similarly Situated, : : Plaintiff, : : -against: : CASA DI FANELLI LLC, : Defendant. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 7/29/2022 22-CV-2909 (VEC) ORDER WHEREAS on July 28, 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 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: July 29, 2022 New York, NY _____________________________ _________________________________ CAPRON NI VALERIE CAPRONI United States District Judge Page 2 of 2

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