Aubry, 37, was hospitalized and arrested following the physical altercation with Martinez, 46, whom Berry became engaged to in January.
According to TMZ, the L.A. City Attorney's Office will still hold an informal hearing with Aubry to talk about his brawl with Martinez. TMZ previously reported that criminal charges were unlikely to be filed due to evidence that the fight was "mutual."
The actress has been involved in a long custody battle with her ex over their daughter Nahla, 4. After the Thanksgiving brawl, however, Berry and Aubry managed to reach "an amicable agreement" over the care of Nahla.
A source close to the Oscar Winner told Us Weekly that she and Aubry called a truce for the sake of their little girl's well-being. "They didn't want her to be negatively affected," the insider explained.