James v. Hale et al

Filing 115

MEMORANDUM AND ORDER, The Court will GRANT IN PART and DENY IN PART James's and Trice's motion. (ECF No. 114.) Federal Rule of Civil Procedure 41(a)(2) gives the Court discretion to dismiss an action at the plaintiff's request on terms that the Court considers proper. So for good cause shown, the Court DISMISSES WITH PREJUDICE all claims in this case against defendant Trice. Signed by Judge J. Phil Gilbert on 9/14/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DUSTIN M. JAMES,
Plaintiff,
v.

Case No. 3:15-cv-01335-JPG-DGW

DEBRA HALE, et al.,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on two related papers. The first is a stipulation of
dismissal by the plaintiff Dustin James and defendant Thomas Trice pursuant to Federal Rule of
Civil Procedure 41(a)(2). (ECF No. 113.) The other is James’s and Trice’s joint motion for a good
faith finding of settlement. (ECF No. 114.) Both James and Trice have indicated that they have
settled and ask the Court to (1) dismiss the claims against Trice accordingly, and (2) enter an order
finding that the settlement was in good faith pursuant to the Illinois Joint Tortfeasor Contribution
Act.
The Court will GRANT IN PART and DENY IN PART James’s and Trice’s motion.
(ECF No. 114.) Federal Rule of Civil Procedure 41(a)(2) gives the Court discretion to dismiss an
action at the plaintiff’s request on terms that the Court considers proper. So for good cause shown,
the Court DISMISSES WITH PREJUDICE all claims in this case against defendant Trice and
DIRECTS the Clerk of Court to terminate Trice as a defendant. But the Court will not enter a
good faith finding of settlement pursuant to the Illinois Joint Tortfeasor Contribution Act: that is
a state statute that deals with Illinois state law. This is a federal case under 42 U.S.C. § 1983 that
deals with federal law. The Act has no bearing on this case.
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IT IS SO ORDERED.
DATED: SEPTEMBER 14, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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