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S.D.N.Y.Procedural orderFiled Apr. 13, 2021

Nisbett v. Backbeatrags LLC

Judge
Vyskocil
Docket
1:21-cv-01408
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

Judge Vyskocil dismissed Nisbett v. Backbeatrags LLC after a settlement in principle, allowing restoration by May 14, 2021.

Who this affects

Kareem Nisbett, the persons he sought to represent, and Backbeatrags LLC were affected by the dismissal and conditional opportunity to restore the action.

What happened

Kareem Nisbett brought Nisbett v. Backbeatrags LLC individually and on behalf of others described as similarly situated. The opinion does not explain the underlying claims.

The parties informed the court that they had reached a settlement in principle. The court discontinued the action without costs to either party and without prejudice to restoring it if an application was made by May 14, 2021.

Judge Mary Kay Vyskocil ordered that, if no application to restore the action was made by that date, the dismissal would be with prejudice.

The detailed version

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

Case
Nisbett v. Backbeatrags LLC · No. 1:21-cv-01408
Judge
Vyskocil
Date
Apr. 13, 2021

Background

Kareem Nisbett sued Backbeatrags LLC individually and on behalf of all other persons similarly situated. The opinion does not describe the claims or the parties’ underlying dispute.

Settlement and Disposition

The parties sent the court a letter stating that they had reached a settlement in principle. The court therefore ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar, provided that an application to restore it was made by May 14, 2021.

The order states that if no application to restore the action was made by May 14, 2021, the dismissal would be with prejudice. Judge Mary Kay Vyskocil did not decide the merits of the underlying claims.

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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