Muse v. Nestle Waters North America Inc.

Background

The opinion states that Magistrate Judge Gorenstein notified the court on September 29, 2020, that the parties had reached an agreement in principle resolving all issues. The parties were Sirita Muse and Nestle Waters North America Inc., Nestlewaters S.A.S, and Nestle S.A.

Order

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. The Clerk of Court was directed to terminate all open motions and close the case.

The order allowed the parties to apply to reopen the case within 30 days. Such an application had to show good cause for keeping the case open despite the settlement, and an application filed after 30 days or without that showing could be denied solely on that basis. The parties could also ask the court to retain jurisdiction—its authority to enforce the settlement agreement—if, within the same 30-day period, they submitted the settlement agreement and requested an order expressly retaining that authority.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs and closed the case, subject to the order’s limited 30-day procedures for reopening or requesting retained authority to enforce the settlement.