Super 8 Worldwide, Inc. et al v. American Lodging Partners, Inc. et al

Filing 91

WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 6/7/2011. In view of the recent filings in this matter [see especially 74, 90], the Court (1) dismisses Defendant Vir on all counts, without prejudice, (2) dismisses Defendants American Lodging Partners, Inc., Khanna, and Mehta on all counts, without prejudice, pursuant to the settlement agreements and joint stipulations for dismissal, with each party to bear its own costs, expenses, and attorneys fees, and (3) retains jurisdiction over this matter for the sole purpose of enforcing the terms of the settlement agreements, including but not limited to the possible entry of a consent judgment. Plaintiff's motion to dismiss and request to enter a final judgment 74 is stricken as moot in light of the foregoing agreed/uncontested disposition of this matter. Please see below for further explanation. Mailed notice (ca, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Robert Dow, Jr.

CASE NUMBER

08 C 4514

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

6/7/2011

Super 8 Worldwide, Inc. Vs. American Lodging Partners, Inc., et al.

DOCKET ENTRY TEXT

In view of the recent filings in this matter [see especially 74, 90], the Court (1) dismisses Defendant Vir on all
counts, without prejudice, (2) dismisses Defendants American Lodging Partners, Inc., Khanna, and Mehta on all
counts, without prejudice, pursuant to the settlement agreements and joint stipulations for dismissal, with each
party to bear its own costs, expenses, and attorneys’ fees, and (3) retains jurisdiction over this matter for the sole
purpose of enforcing the terms of the settlement agreements, including but not limited to the possible entry of
a consent judgment. Plaintiff’s motion to dismiss and request to enter a final judgment [74] is stricken as moot
in light of the foregoing agreed/uncontested disposition of this matter. Please see below for further explanation.

O[ For further details see text below.]

Notices mailed by Judicial staff.

STATEMENT
Upon the Court’s review of the docket in this matter, it appears that all proceedings are complete and the case
should be terminated. Of the four original Defendants, Plaintiff has moved to voluntarily dismiss Defendant Vir
[see 74, at 2], on whom Plaintiff was unable to obtain service. See Fed. R. Civ. P. 41(a)(1)(A)(I). In regard to
the other Defendants, on February 15, 2011, a joint stipulation for dismissal without prejudice pursuant to
settlement (see Fed. R. Civ. P. 41(a)(1)(A)(ii)) was filed [see 74-1] as to Plaintiff’s claims against Defendant
American Lodging Partners, Inc. and Defendant Khanna. A similar joint stipulation for dismissal without
prejudice pursuant to settlement (again see Fed. R. Civ. P. 41(a)(1)(A)(ii)) was filed as to Plaintiff’s claims
against Defendant Mehta was filed [see 90] on May 25, 2011. The stipulated dismissals as to Defendants
American Lodging Partners, Inc., Khanna, and Mehta are without prejudice, with each of the parties to bear their
own attorneys’ fees and costs. In addition, the parties have requested that the Court retain jurisdiction over this
matter for purposes of enforcing the terms of the settlement agreements, including but not limited to the possible
entry of a consent judgment (see Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 380-81 (1994)).
In light of the foregoing, the Court (1) dismisses Defendant Vir on all counts, without prejudice, (2) dismisses
Defendants American Lodging Partners, Inc., Khanna, and Mehta on all counts, without prejudice, pursuant to
the settlement agreements and joint stipulations for dismissal, with each party to bear its own costs, expenses,
and attorneys’ fees, and (3) retains jurisdiction over this matter for the sole purpose of enforcing the terms of the
settlement agreements, including but not limited to the possible entry of a consent judgment. Any party wishing
to enforce a settlement agreement may file an appropriate motion for enforcement in this Court. Finally,
08C4514 Super 8 Worldwide, Inc. Vs. American Lodging Partners, Inc., et al.

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STATEMENT
Plaintiff’s motion to dismiss and request to enter a final judgment [74] is stricken as moot in light of the
foregoing agreed/uncontested disposition of this matter.

08C4514 Super 8 Worldwide, Inc. Vs. American Lodging Partners, Inc., et al.

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