Doherty et al. v. Steak n Shake, Inc., et al.

Filing 15

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 January 4, 2018, reopen the action if settlement is not consummated. Signed by Magistrate Judge Michael R. Merz on 12/5/2017. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
EUGENE A. DOHERTY, et al.,
Plaintiffs,
vs

:

-

Case No. 3:16-cv-315
Magistrate Judge Michael R. Merz

STEAK N SHAKE, INC., 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 January 4,
2018, 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.
December 5, 2017.

s/ Michael R. Merz
United States Magistrate Judge