AGREED MOTION FOR ENTRY OF A STIPULATED JUDGMENT AND FOR DISMISSAL WITHOUT PREJUDICE

ELAINE E. BUCKLO, District Judge.

Plaintiff, Rosario Diaz ("Diaz"), and Defendants MFD, Inc. ("MFD") and Fuad Bektasevic ("Bektasevic") (collectively the "Parties") hereby move the Court for entry of a Stipulated Judgment and for an order dismissing the case without prejudice, to convert to prejudice on July 31, 2016, after Defendants have made a third and final payment to satisfy the Stipulated Judgment. A proposed Stipulated Judgment is attached as Exhibit 1. In support of their Motion, the Parties state:

1. On January 8, 2016, the parties entered into a Settlement Agreement (Exhibit 2) to resolve all claims asserted in this lawsuit.

2. Under the terms of the settlement, Defendants have agreed to have judgment entered in favor of Plaintiff and against them, jointly and severally, in the amount of $15,000.

3. Of this amount, Defendants have tendered payment of the first $5,000. The remaining $10,000 is payable in two installments, in March and July 2016.

4. Under the terms of the settlement, the Parties have agreed to seek dismissal of this action without prejudice to convert to prejudice seven months from now, after Plaintiff has received the final settlement payment.

5. In addition, Plaintiff has agreed to file documents with the court recording Defendants' satisfaction of the judgment once the final payment is made, as well as a motion to convert the dismissal from one without prejudice to one with prejudice. This will further ensure that the dismissal does not remain on the docket indefinitely as a dismissal without prejudice.

6. Wherefore, the parties respectfully request that the court (1) enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally, in the amount of $15,000; (2) dismiss the case without prejudice to convert to prejudice on July 31, 2016, unless a motion is filed before such date to vacate the dismissal.

Exhibit 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

STIPULATED JUDGMENT ORDER

Defendants having agreed to the entry of judgment in Plaintiff's favor in the amount of $15,000 under the terms of a settlement agreement, the Court hereby enters judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $15,000.

Exhibit 2

Agreement To Resolve Claims Asserted in Case No. 15-C-03498 Rosario Diaz. v. MFD, Inc. d/b/a Avenue Ale House and Fuad Bektasevic U. S. District Court for the Northern District of Illinois

1. This agreement ("Agreement") resolves claims asserted by Rosario Diaz ("Diaz") against MFD, Inc. and Fuad Bektasevic ("Defendants") in Case No. 15-C-03498, United States District Court for the Northern District of Illinois ("the Lawsuit"). Diaz and Defendants are referred to collectively herein as "the Parties."

2. In consideration of Diaz's agreement to dismiss all claims asserted in the Lawsuit, Defendants agree to the entry of a judgment against them, jointly and severally, and in favor of Diaz, in the amount of Fifteen Thousand Dollars and Zero Cents ($15,000) ("the Judgment"). The Parties agree to take all steps necessary to secure entry of the Judgment, including through the filing of an agreed judgment motion. The Parties will seek dismissal of the claims asserted in the Lawsuit without prejudice, to convert to prejudice upon satisfaction of the Judgment on the schedule set forth in this Agreement.

3. Within three (3) business days of Defendants' receipt of a copy of this Agreement executed by Diaz, Defendants will deliver to Diaz's counsel, Willenson Law, LLC, 542 S. Dearborn St., Suite 610, Chicago, IL 60605, a check payable to Diaz in the amount of Five Thousand Dollars and Zero Cents ($5,000) to be applied in partial satisfaction of the Judgment. Of this sum, Three Thousand Dollars and Zero Cents ($3,000) will be treated as unpaid wages subject to payroll tax withholdings and will be reported on a Form W-2; and Two Thousand Dollars and Zero Cents ($2,000) will be treated as non-wage liquidated damages and penalties and reported on a Form 1099.

4. On or before March 1, 2016, Defendants will make a second payment of Five Thousand Dollars and Zero Cents ($5,000) in partial satisfaction of the Judgment. Of this sum, Four Thousand Three Hundred Twenty-Two Dollars and Zero Cents ($4,232) will be delivered in a check made payable to Diaz and treated as non-wage liquidated damages and penalties and reported on a Form 1099; and Seven Hundred Sixty-Eight Dollars and Zero Cents ($768) will be delivered in a check made payable to Diaz's counsel, Willenson Law, LLC and reported on a Form 1099 as attorney's fees and costs. Defendants will deliver both checks to Diaz's counsel, Willenson Law, LLC, on or before the March 1, 2016 payment deadline.

5. On or before July 1, 2016, Defendants will make a final payment of Five Thousand Dollars and Zero Cents ($5,000) to satisfy the remainder of the Judgment. This amount will be dehvered to Diaz's counsel, Willenson Law, LLC, in a check made payable to Willenson Law, LLC and reportable on a Form 1099 as attorney's fees and costs.

6. Promptly after receipt of the final payment, Diaz will file documents with the court recording the satisfaction of the Judgment and move to convert the dismissal without prejudice to a final dismissal with prejudice.

7. So long as Defendants make each promised payment on schedule, as set forth above, Diaz agrees not to take further action to enforce the Judgment against either of them.

8. In the event Defendants fail to timely make any agreed-upon payment, Diaz will have the right to take all lawful steps to enforce the Judgment and the terms of this Agreement.

9. This Agreement may be executed electronically and in separate counterparts.