Oloyede et al v. Shergill Trans, Inc. et al

Filing 22

OPINION AND ORDER: For the reasons set forth in the Opinion and Order, it is HEREBY ORDERED that: within 10 days from the date of this Order, the parties shall either file an amended stipulation of dismissal, or otherwise advise the Court how they wish to proceed with respect to the relief requested in the pending Motion to Voluntarily Dismiss. Signed by Judge Rudy Lozano on 3/12/2018. (jss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
ABAYOMI OLOYEDE, LEATHE
OLOYEDE, AFOLABI AJAYI, and
OYENIKE AJAYI,
Plaintiffs,
vs.
RUPINDER SINGH, and SHERGILL
TRANSPORTATION, INC.,
Defendants.

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) CAUSE NO. 2:17-cv-92
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OPINION AND ORDER
This matter is before the Court on the Joint Motion to
Voluntarily Dismiss, filed by the parties on February 27, 2018 (DE
#21).
The parties move to dismiss this case with prejudice pursuant
to

a

settlement

under

Federal

Rule

of

Civil

Procedure

41(a)(1)(A)(ii). All parties have properly signed the motion.
However, along with the motion to dismiss, the parties attached a
joint stipulation requesting dismissal.

In the joint stipulation,

the parties state the Court will “retain jurisdiction for purposes
of enforcing the terms of the Parties’ settlement agreement and/or
for assistance in resolution of liens.” (DE #21-1 at 1.)
problematic.

This is

On point Seventh Circuit law states that “a district

judge cannot dismiss a suit with prejudice, thus terminating

federal jurisdiction,

yet at the same time retain jurisdiction to

enforce the parties’ settlement that led to the dismissal with
prejudice.”

Shapo v. Engle, 463 F.3d 641, 643 (7th Cir. 2006); see

also Lynch, Inc. v. SamataMason Inc., 279 F.3d 487, 489 (7th Cir.
2002) (“An initial question is the significance of that purported
retention [of jurisdiction].

It had no significance.

Having

dismissed the entire litigation, the court had no jurisdiction to
do anything further . . . .”).
In light of the foregoing, it seems the Court cannot retain
jurisdiction over this action in the manner requested by the
parties.

Accordingly, it is HEREBY ORDERED that: within 10 days

from the date of this Order, the parties shall either file an
amended stipulation of dismissal (without any language purporting
that the Court retain jurisdiction), or otherwise advise the Court
how they wish to proceed with respect to the relief requested in
the pending Motion to Voluntarily Dismiss.

DATED: March 12, 2018

/s/ RUDY LOZANO, Judge
United States District Court

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