Savino Del Bene U.S.A., Inc. v. Commercial Lynks, Inc.

Background

The court stated that, on March 24, 2021, it was informed through the magistrate that the parties had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the terms of the settlement.

Ruling

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 parties could apply to reopen the case within 30 days. An application had to show good cause for keeping the case open despite the settlement, and 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 the settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

Effect

This was a procedural order ending the case based on the parties’ settlement rather than deciding the underlying legal claims. The opinion does not say whether the parties submitted a settlement agreement or whether the court retained jurisdiction to enforce it.