Wartsila Technology Oy Ab et al v. Coastal Seal Services, LLC

Filing 40

ORDER and NOTICE granting 39 Joint Motion to Dismiss (Stipulated) with Prejudice pursuant to FRCP 41(a)(2). The Court retains jurisdiction to enforce the Settlement Agreement. Signed by Chief Judge Frank D. Whitney on 4/26/2018. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:16-cv-00198-FDW-DSC
WÄRTSILÄ TECHNOLOGY OY AB and
WARTSILA DEFENSE, INC,
Plaintiffs,
vs.
COASTAL SEAL SERVICE, LLC,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

ORDER and NOTICE

THIS MATTER is before the Court on the parties’ Joint Motion to Dismiss (Doc. No. 39).
Although the parties stipulate to dismissal because they have resolved the case via settlement
agreement, they request a court order pursuant to Fed. R. Civ. P. 41(a)(2), which allows voluntary
dismissal “By Court Order.” Comp. Fed. R. Civ. P. 41(a)(1) with Fed. R. Civ. P. 41(a)(2).
Pursuant to Rule 41(a)(2), the parties jointly move to dismiss the action with prejudice, with each
party to bear its own costs and attorney’s fees. Their confidential settlement agreement stipulates
that the Court shall retain jurisdiction to enforce the terms, conditions, and releases of the
Settlement Agreement to the extent reasonable, necessary, and appropriate.
Accordingly, the parties’ Joint Motion (Doc. No. 39) is GRANTED.

The Court

DISMISSES the action with prejudice, with each party to bear its own costs and attorney’s fees,
and RETAINS jurisdiction to enforce the settlement agreement to the extent reasonable, necessary,
and appropriate.
IT IS SO ORDERED.
Signed: April 26, 2018