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)

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