Industrial Transport Services, LLC v. Gemini Transport, LLC

Filing 51

ORDER OF DISMISSAL; TERMINATION ENTRY: The Court, having been advised that the above-captioned matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to all parties, provided that any of the parties may, upon good cause shown within forty-five (45) days, reopen the action if settlement is not consummated. Within forty-five (45) days, the parties may move to substitute this Order and Entry with a proposed dismissal entry agreed upon by the parties. Signed by Magistrate Judge Michael J. Newman on 7/6/2017. (dm)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON INDUSTRIAL TRANSPORT SERVICES, LLC, Plaintiff, Case No. 3:12-cv-142 vs. GEMINI TRANSPORT, LLC, et al., Magistrate Judge Michael J. Newman (Consent Case) Defendants. ______________________________________________________________________________ ORDER OF DISMISSAL; TERMINATION ENTRY ______________________________________________________________________________ The Court, having been advised that the above-captioned matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to all parties, provided that any of the parties may, upon good cause shown within forty-five (45) days, reopen the action if settlement is not consummated. Within forty-five (45) days, the parties may move to substitute this Order and Entry with a proposed dismissal entry agreed upon by the parties. Parties intending to preserve this Court’s jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement, if necessary. IT IS SO ORDERED. Date: July 6, 2017 s/ Michael J. Newman Michael J. Newman United States Magistrate Judge

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