By September 5, the number of confirmed cases of E. coli O157:H7 had increased to five Habaneros patrons. A sixth person, who had eaten at Habaneros but did not have a stool sample tested, was considered to be a probable case of E. coli O157:H7. The restaurant agreed to voluntarily cease operations while the foodborne outbreak investigation was underway.
Marler Clark settled the cases of all five clients who suffered from E. coli infections after eating at Habaneros.