Austin v. Hinomaru, Inc.

Background

On February 26, 2025, Patrick Austin and Hinomaru, Inc. doing business as Kenka, and K-Marks Realty, LLC, notified the court that they had reached an agreement on all issues. The order refers to the parties’ settlement but does not state the underlying claims or settlement 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 was directed to terminate all open motions and close the case.

The parties may apply to reopen the case within 30 days of the order. Such an application must show good cause for keeping the case open despite the settlement and must be filed within that 30-day period. The court stated that a late request or one without a showing of good cause may be denied solely on that basis.

The parties may also ask the court to retain jurisdiction—the court’s authority—to enforce their settlement agreement. To do so, they must, within the same 30-day period, submit the settlement agreement under Rule 7.A of the court’s Individual Practices and request an order expressly retaining jurisdiction to enforce it.

Disposition

The case was dismissed with prejudice and without costs, and the clerk was directed to close it. The order permits a timely application to reopen on a showing of good cause and permits a timely request for the court to retain jurisdiction to enforce the settlement agreement.