Performance Food Group, Inc. v. OTG Management, LLC

Background

On April 15, 2021, 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 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 parties could apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open despite the settlement and had to be filed within that period. The court stated that a late application or one lacking 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 that authority within the same 30-day period. The opinion does not state that the parties made either submission or that the court retained jurisdiction.

Disposition

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