Dunbar v. Samarpan Inc.

Background

Kirkpatrick B. Dunbar sued Samarpan Inc. and E & W Realty, LLC. On February 13, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues.

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. Any application had to show good cause for keeping the case open despite the settlement. The court warned that 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—that is, authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and closed the case. The order did not discuss the underlying claims on their merits.