Fischler v. Noho Health, Inc
- Ronnie Abrams
- 1:19-cv-11656
- U.S. District Court · Southern District of New York
- 1
In Fischler v. Noho Health, Judge Abrams discontinued the settled-in-principle case without costs, allowing restoration within 30 days.
Brian Fischler, Noho Health, Inc., and the people he sought to represent were affected by the case's discontinuance and closure. The action could be restored within 30 days, and the court could retain authority to enforce a settlement only if the stated public-record and approval requirements were met within that period.
What happened
Brian Fischler brought Fischler v. Noho Health, Inc. individually and for other similarly situated people against Noho Health, Inc., doing business as Care/Of. The opinion does not describe the underlying claims.
The court was told that the case had been settled in principle. It discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days.
Judge Ronnie Abrams also required any settlement terms to be placed on the public record and approved by the court within 30 days if the parties wanted the court to keep authority to enforce the settlement. The clerk was directed to close the case, and all deadlines were postponed indefinitely.
The detailed version
- Fischler v. Noho Health, Inc · No. 1:19-cv-11656
- Ronnie Abrams
- Mar. 3, 2020
Background
Brian Fischler sued Noho Health, Inc., doing business as Care/Of, individually and on behalf of other similarly situated people. The opinion does not identify the claims or describe the dispute's underlying facts.
The court stated that it had been informed that the case was settled in principle. The order does not state that the court approved or entered the settlement.
Order
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court's docket if an application to restore it was made within 30 days. An application filed after that period could be denied solely because it was late.
If the parties wanted the court to retain jurisdiction—that is, continuing authority—to enforce a settlement agreement, the agreement's terms had to be placed on the public record and approved by the court within the same 30-day period. The court adjourned all case deadlines indefinitely and directed the clerk to close the case.
Disposition
Judge Ronnie Abrams discontinued the action under the terms stated in the order. The opinion does not decide the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.