Nixon v. Whirlpool Corporation
- Valerie Caproni
- 1:19-cv-07803
- U.S. District Court · Southern District of New York
- 2
In Nixon v. Whirlpool Corporation, Judge Caproni dismissed the settled case with prejudice, without costs or attorneys’ fees, while allowing a 30-day reopening request.
Donald Nixon and Whirlpool Corporation. The case was dismissed with prejudice, with no costs or attorneys’ fees awarded to either party. The parties had 30 days to seek reopening for good cause or ask the court to retain jurisdiction to enforce their settlement agreement.
What happened
Nixon v. Whirlpool Corporation involved Donald Nixon’s case against Whirlpool Corporation, brought on behalf of himself and others similarly situated. The parties told the court they had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice, and ordered that neither side pay costs or attorneys’ fees. The court also closed the case and terminated all open motions.
Judge Valerie Caproni allowed the parties 30 days to request reopening for good cause. Within that period, they could also ask the court to retain authority to enforce their settlement agreement by submitting the agreement and a specific request for retained jurisdiction.
The detailed version
- Nixon v. Whirlpool Corporation · No. 1:19-cv-07803
- Valerie Caproni
- Jan. 6, 2020
Background
On January 2, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not provide the agreement’s terms.
Court’s Action
The court ordered that all previously scheduled conferences and other deadlines were canceled. 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.
Possible Reopening and Enforcement
The parties could apply to reopen the case within 30 days by showing good cause for keeping it open in light of their settlement. The court warned that a request filed after 30 days, or without a showing of good cause, could be denied on that basis alone.
If the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period. Judge Valerie Caproni issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.