United States v. T.B.M., Inc.

MEMORANDUM *

T.B.M., Inc appeals the district court’s decision enforcing its purported settlement agreement with the United States without first holding an evidentiary hearing. T.B.M. asserts that final written authorization of certain Department of Justice personnel was a condition precedent to formation.

Under Callie v. Near, “the district court may enforce only complete settlement agreements. Where material facts concerning the existence or terms of an agreement to settle are in dispute, the parties must be allowed an evidentiary hearing.” 829 F.2d 888 , 890 (9th Cir.1987) (emphasis in original) (internal citations omitted).

Here, T.B.M. requested a hearing to address the factual issue of whether final written execution of the agreement by the Department of Justice was a condition of formation. The district court held no hearing on this issue before it granted the government’s motion to enforce the settlement agreement.

This contravenes Callie, because “[w]hether the parties intended only to be bound upon the execution of a written, signed agreement is a factual issue,” one *244 that if disputed, entitles the parties to an evidentiary hearing. Id. at 890-91. On the record…