Sumitomo Corporation of Americas v. Resco Products, Inc.

Background

On January 30, 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. The Clerk of Court was directed to terminate all open motions and close the case.

The court allowed the parties to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied on that basis alone.

The court also stated that, if the parties wanted it to retain jurisdiction—that is, authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining jurisdiction within the same 30-day period.

Classification

This is a procedural order because the court dismissed the case based on the parties’ settlement agreement and did not decide the underlying legal claims. Judge Valerie Caproni entered the order on February 3, 2020.