Frankenmuth Mutual Insurance Company v. Five Star Roofing et al

Filing 13

CONDITIONAL DISMISSAL ORDER granting 12 Motion to Dismiss. Signed by Magistrate Judge Michael R Merz on 5/23/13. (kje1)

IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
WESTERN DIVISION AT DAYTON
FRANKENMUTH MUTUAL
INSURANCE COMPANY,

:
Case No. 3:12-cv-184

Plaintiff,

:

-vs-

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

:
FIVE STAR ROOFING, et al.,
Defendants.

:

CONDITIONAL DISMISSAL ORDER

The Court having been advised by counsel that the above matter has been settled, IT
IS ORDERED that this action (including all claims by all parties) is hereby DISMISSED WITH
PREJUDICE, provided that any of the parties may, upon good cause shown not later than June 24,
2013, reopen the action if settlement is not consummated. The parties may substitute a judgment
entry contemplated by the settlement agreement upon approval of the Court. Parties intending to
preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian
Life Ins. Co. of America, 511 U.S. 375 (1994), and incorporate appropriate language in any
substituted judgment entry.
This Court explicitly retains jurisdiction to enforce the settlement agreement reached
by the parties, on motion or sua sponte.
Each party shall bear its own costs.
May 23, 2013.

s/ Michael R. Merz
United States Magistrate Judge

1