Underwood v. Wasko et al

Filing 31

ORDER DISMISSING CASE without prejudice as to all claims, until the parties file the Dismissal Order dismissing this matter with prejudice due, 14 days from the date Plaintiff receives the Settlement Check. Signed by Judge Algenon L. Marbley on 04/10/2013. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
SHAWN UNDERWOOD,
Plaintiff,
v.
FRANK WASKO, et al.,
Defendants.

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Case No. 2:11-CV-171
JUDGE ALGENON L. MARBLEY

Magistrate Judge Mark R. Abel

ORDER
Based on the representation to the Court by Counsel that the parties to this lawsuit have
resolved their dispute, the parties agree that the terms of their settlement agreement need not be
placed upon the record at this time, but a Dismissal Order dismissing this case with prejudice
shall be filed not later than fourteen (14) days from the date Plaintiff receives the Settlement
Check.
This matter is now terminated by settlement and shall be considered, pursuant to Fed. R.
Civ. P. 41, dismissed without prejudice as to all claims, until the parties file the above-referenced
Dismissal Order dismissing this matter with prejudice, unless the case is reopened for good cause
shown upon proper motion of one or more parties to this action. The Court will retain continuing
jurisdiction over the settlement agreement.
The Court hereby directs the U.S. District Court Clerk to serve upon all parties notice of
this judgment and its date of Order upon the journal.
IT IS SO ORDERED.

s/Algenon L. Marbley
JUDGE ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT
DATED: April 10, 2013