Nisbett v. H. Best, Ltd.

Background

Kareem Nisbett brought the case individually and on behalf of all other persons similarly situated against H.BEST, LTD., doing business as 2(x)ist. On July 1, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.

Court’s Action

The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. “With prejudice” means the dismissal bars refiling the same case. The Clerk of Court was directed to terminate all open motions and close the case.

Reopening and Settlement Enforcement

The parties could apply to reopen the case within 30 days. The application had to show good cause for keeping the case open despite the settlement, and 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 authority to enforce the settlement agreement, they also had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and directed that the case be closed. The order did not decide the underlying claims on their merits.