Robinson et al v. BNSF Railway Company

Filing 30

ORDER acknowledging 28 Stipulation of Dismissal filed by Willie Robinson, Willie Brooks, Flazell Redfield, Richard Ross, and BNSF Railway Company. Willie Robinson, Richard Ross, Willie Brooks, and Flazell Redfield terminated. The "60 Day Order" 27 is vacated. (Plaintiff Tommy Turner is ordered to file a Status Report by 11/5/2012.). Signed by Chief Judge David R. Herndon on 9/5/2012. (msdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIE ROBINSON, FLAZELL
REDFIELD, RICHARD ROSS,
TOMMY TURNER, and WILLIE
BROOKS,
Plaintiffs,
v.
BNSF RAILWAY COMPANY,
Defendant.

Case No. 10-cv-1046-DRH
ORDER

HERNDON, Chief Judge:
Before the Court is plaintiffs Willie Robinson, Flazell Redfield, Richard Ross,
and Willie Brooks and defendant BNSF Railway Company’s stipulation of dismissal
with prejudice (Doc. 28). Plaintiffs filed a notice of settlement (Doc. 26) with the
Court on April 27, 2012, indicating that they had reached an agreement regarding
settlement and were in the process of finalizing settlement documents, but that
plaintiff Tommy Turner was not scheduled for a deposition until June 14, 2012.
Accordingly, on April 30, 2012, the Court entered an order directing the clerk to
enter judgment of dismissal with prejudice and without costs sixty days from the date
of the Order unless the parties failed to consummate settlement. Because the
settlement did not dispose of all of the plaintiffs’ claims, the clerk failed to enter a
judgment as directed by the Court. Nevertheless, the Court hereby acknowledges the

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stipulation and finds that all of plaintiffs Willie Robinson, Flazell Redfield, Richard
Ross, and Willie Brooks’ claims plead in the complaint against defendant are
dismissed with prejudice, each party to bear their own fees and costs. As only
plaintiff Tommy Turner’s claims remain pending, plaintiff Turner is directed to file
a status report with the Court within sixty days of this Order. The “60 Day Order”
(Doc. 27) is hereby VACATED.
IT IS SO ORDERED.
Signed this 5th day of September, 2012.

Digitally signed by David
R. Herndon
Date: 2012.09.05
11:04:37 -05'00'
Chief Judge
United States District Court

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