Anker Innovations Technology Co., Ltd. v. Awker, Inc.
- Valerie Caproni
- 1:23-cv-07855
- U.S. District Court · Southern District of New York
- 2
In Anker Innovations Technology v. Awker, Judge Caproni dismissed the settled case with prejudice and without costs, while allowing a 30-day reopening request.
The plaintiffs and defendants were affected by the dismissal, cancellation of deadlines, termination of open motions, and closure of the case. The order also governed any party seeking to reopen the case or asking the court to retain authority to enforce the settlement agreement.
What happened
Anker Innovations Technology Co., Ltd. and Anker Innovations Limited sued Awker, Inc., Jianjun Xue, and Lee Austin. The court was told that the parties had reached an agreement in principle resolving all issues.
The court canceled all scheduled conferences and deadlines and dismissed the case with prejudice, without costs or attorneys’ fees to either party. The Clerk was directed to terminate all open motions and close the case.
Judge Valerie Caproni also stated that the parties could apply to reopen the case within 30 days by showing good cause. If they wanted the court to retain authority to enforce their settlement agreement, they had to submit the agreement and request that authority within the same 30-day period.
The detailed version
- Anker Innovations Technology Co., Ltd. v. Awker, Inc. · No. 1:23-cv-07855
- Valerie Caproni
- Dec. 21, 2023
Background
The court was notified on December 20, 2023, that, through the magistrate, the parties had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the terms of the agreement.
Ruling
The court ordered that all previously scheduled conferences and other deadlines be canceled. 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.
Possible Reopening and Enforcement
Within 30 days of the order, the parties could apply to reopen the case. Any application had to show good cause for keeping the case open despite the settlement and had to be filed within that 30-day period. The court stated that a request filed after 30 days or without a showing of good cause might be denied on that basis alone.
The parties could also ask the court to retain jurisdiction—authority to enforce the settlement agreement—if they submitted the settlement agreement and a request for an order expressly retaining that authority within the same 30-day period. The opinion cites Rule 7.A of the court’s Individual Practices and Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015), in connection with that request.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.