MANN v. ANCHOR PACKING COMPANY, 08-cv-89372. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150326c45
Visitors: 9
Filed: Mar. 25, 2015
Latest Update: Mar. 25, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the court on Plaintiff's Motion (Doc. 59) to dismiss this action voluntarily pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiff's motion further request leave to reinstate this matter for 90-days after dismissal to resolve any potential settlement disputes should they arise. When a suit is dismissed with prejudice, it is gone, and the district court cannot adjudicate disputes arising out of the s
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the court on Plaintiff's Motion (Doc. 59) to dismiss this action voluntarily pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiff's motion further request leave to reinstate this matter for 90-days after dismissal to resolve any potential settlement disputes should they arise. When a suit is dismissed with prejudice, it is gone, and the district court cannot adjudicate disputes arising out of the se..
More
MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the court on Plaintiff's Motion (Doc. 59) to dismiss this action voluntarily pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiff's motion further request leave to reinstate this matter for 90-days after dismissal to resolve any potential settlement disputes should they arise.
When a suit is dismissed with prejudice, it is gone, and the district court cannot adjudicate disputes arising out of the settlement. See, Blue Cross & Blue Shield Ass'n v. American Express Co., 467 F.3d 634, 636 (7th Cir. 2006); Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007).
As such, the Court having been advised by counsel for the parties that the above matter has been settled with regard to the sole remaining defendant, CBS Corporation, the Court will enter final judgment 90 days from the date of this Order. Should the parties fail to consummate settlement within the 90 days, they may petition the Court to delay entry of judgment until a later date. In light of the settlement, the Court DENIES all motions pending in this case as moot and VACATES all court dates in this case.
IT IS SO ORDERED.
Source: Leagle
