DeSimone v. Danaher Corporation et al

Filing 123

PARTIAL JUDGMENT ORDER UNDER FRCP 54(b) Signed by the Honorable Robert M. Dow, Jr. on 8/6/2020. Mailed notice(cdh, )

Case: 1:17-cv-05232 Document #: 123 Filed: 08/06/20 Page 1 of 2 PageID #:658

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
RONALD DESIMONE,
Plaintiff,
v.
DANAHER CORPORATION, X-RITE,
PANTONE, LEICA BIOSYSTEMS, and
VIDEOJET TECHNOLOGIES, INC.,
Defendants.

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Case No. 17-cv-5232
Judge Robert M. Dow, Jr.

PARTIAL JUDGMENT ORDER UNDER FRCP 54(b)
Consistent with this Court’s memorandum opinion and order [93] dated November 26,
2019, and its order [107] dated June 8, 2020, as well as the Seventh Circuit’s order [docket entry
7 in Appeal No. 20-2189] dated August 6, 2020, partial judgment is entered on Count IV of
Plaintiff’s complaint, which sought a declaration under 28 U.S.C. § 2201 that Plaintiff had not
released his claims against Defendants through the vehicle of a “binding term sheet” that the
parties’ negotiated at the conclusion of an EEOC mediation in which they participated.
Specifically, as reflected in the November 26, 2019 opinion, the Court resolves Count IV in favor
of Plaintiff and against Defendants, declaring that Plaintiff has not released his claims against
Defendants because the “binding term sheet” did not reflect a “meeting of the minds”; therefore,
no contract was formed, and no claims were released. The Court further determines, as explained
in its June 8, 2020 order, that there is “no just reason to delay” the entry of judgment or the taking
of an appeal on Count IV, as the declaration that resolves Count IV does not overlap with the
remaining “merits” claims in Counts I, II, and III of the complaint.

Case: 1:17-cv-05232 Document #: 123 Filed: 08/06/20 Page 2 of 2 PageID #:659

Dated: August 6, 2020

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Robert M. Dow, Jr.
United States District Judge

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