Keung v. E Noodle Group Inc

Background

The plaintiff, Lin Kwok Keung, sued E Noodle Group Inc., doing business as E Noodle Chinatown, and Tsung Tsin Association, Inc. On January 9, 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.

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 in light of the settlement, and a request filed after 30 days or without a showing of good cause could be denied on that basis alone. The order also stated that, if the parties wanted the court to retain jurisdiction—meaning authority to enforce the settlement agreement—they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, including attorneys’ fees, and directed that it be closed. The opinion does not state whether the parties later sought to reopen the case or asked the court to retain jurisdiction.