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S.D.N.Y.Procedural orderFiled Mar. 25, 2020

Nisbett v. Floravere Inc.

Judge
Ronnie Abrams
Docket
1:19-cv-10461
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Nisbett v. Floravere Inc., Judge Abrams discontinued the case after a reported settlement in principle, allowing restoration within 30 days.

Who this affects

Kareem Nisbett, Floravere Inc., and the similarly situated people included in the case were affected by the discontinuance. The case was closed, subject to a possible application to restore it within 30 days.

What happened

Kareem Nisbett brought Nisbett v. Floravere Inc. individually and on behalf of other similarly situated people. The opinion does not describe the claims or the proposed settlement's terms.

The court was told that the case had settled in principle. It therefore 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 directed the Clerk of Court to close the case. The court also said that any request to keep jurisdiction to enforce a settlement had to place the agreement on the public record and obtain the court's approval within the same 30-day period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Nisbett v. Floravere Inc. · No. 1:19-cv-10461
Judge
Ronnie Abrams
Date
Mar. 25, 2020

Background

Kareem Nisbett sued Floravere Inc. individually and on behalf of all other persons similarly situated. The opinion does not identify the claims or provide the terms of the settlement.

Court’s Action

The court stated that it had been told the case had settled in principle. It 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. It further stated that an application to reopen filed after that period could be denied solely because it was late.

The court also addressed enforcement of any settlement agreement. If the parties wanted the court to retain jurisdiction to enforce the agreement, its terms had to be placed on the public record and approved by the court within the same 30-day period. The Clerk of Court was directed to close the case.

Disposition and Classification

This was a procedural order discontinuing the case after a reported settlement in principle. The court did not decide the underlying claims or describe the settlement's merits.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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