Cheeburger Cheeburger Restaurants, Inc. v. 4JZINK, LLC et al
Filing
37
ORDER re 36 Notice of settlement filed by Michael Halama, David R. Halama, Joseph L. Schafer. That this cause between Plaintiff and Defendants Joseph L. Schafer, Michael Halama, and David Halama is DISMISSED without prejudice subject to the rig ht of any party within thirty (30) days from the date of this Order, November 8, 2013, to submit a stipulated form of final judgment or to reopen the action upon a showing of good cause. See Local Rule 3.08(b). Otherwise, after thirty (30) days, with out further order, this dismissal shall be deemed with prejudice. All pending deadlines between Plaintiff and Defendants Joseph L. Schafer, Michael Halama, and David Halama are hereby moot. Plaintiff shall have up to and including October 15, 2013, to inform the Court whether it will be pursing this action against Defendants 4JZINK, LLC and Eugene H. Rees. Signed by Judge Sheri Polster Chappell on 10/8/2013. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHEEBURGER CHEEBURGER
RESTAURANTS, INC.,
Plaintiff,
v.
Case No: 2:13-cv-558-FtM-38DNF
4JZINK, LLC, EUGENE H. REES,
JOSEPH L. SCHAFER, MICHAEL
HALAMA and DAVID R. HALAMA,
Defendants.
/
ORDER1
This matter comes before the Court on Notice of Settlement (Doc. #36) between
Plaintiff and Defendants Joseph L. Schafer, Michael Halama, and David Halama filed on
October 7, 2013. Pursuant to Local Rule 3.08(a), this Court has now been advised by
counsel that the above action has been settled between Plaintiff and Defendants
Schafer, M. Halama, and D. Halama, only. Thus, this matter will be dismissed without
prejudice as to these Defendants. Plaintiff is directed to inform the Court whether it will
be pursuing this action against Defendants 4JZINK, LLC and Eugene H. Rees, or this
matter may be closed as to these Defendants as well by filing a stipulation of dismissal
in compliance with Federal Rule of Civil Procedure 41.
1
Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites.
These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked
documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other Web sites, this court
does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their
Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus,
the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion
of the court.
Accordingly, it is now
ORDERED:
(1) That this cause between Plaintiff and Defendants Joseph L. Schafer, Michael
Halama, and David Halama is DISMISSED without prejudice subject to the
right of any party within thirty (30) days from the date of this Order,
November 8, 2013, to submit a stipulated form of final judgment or to reopen
the action upon a showing of good cause. See Local Rule 3.08(b). Otherwise,
after thirty (30) days, without further order, this dismissal shall be deemed
with prejudice.
(2) All pending deadlines between Plaintiff and Defendants Joseph L. Schafer,
Michael Halama, and David Halama are hereby moot.
(3) Plaintiff shall have up to and including October 15, 2013, to inform the Court
whether it will be pursing this action against Defendants 4JZINK, LLC and
Eugene H. Rees.
DONE and ORDERED in Fort Myers, Florida this 8th day of October, 2013.
Copies: All Parties of Record
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?