LUCAS v. United Parcel Service, Inc.

Filing 98

AGREED ORDER OF DISMISSAL - The parties hereby agree that this case has been settled and that all issues and controversies have been resolved to their mutual satisfaction. The parties request the Court to retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Insurance Company of America, 114 S.Ct. 1673 (1994). IT IS HEREBY ORDERED: 1. The parties shall comply with the signed settlement agreement dated July 30, 2021. The parti es expressly waive their rights under Federal Rule of Civil Procedure 65(d) to the extent Rule 65(d) requires this order to be specific in terms or to describe in reasonable detail and without reference to the settlement agreement the act or acts t o be restrained. 2. By consent of the parties, the Court shall retain jurisdiction for the purpose of enforcing the terms of the settlement agreement. 3. This case is dismissed without prejudice with leave to reinstate on or before August 28, 2021 , for the purpose of enforcing the settlement. This Agreed Order of Dismissal is entered without prejudice in order to allow the Court to enforce the settlement agreement. The parties are barred from relitigating any claims raised in this litigat ion or any claims released by means of the settlement agreement. 4. In the event a motion to reinstate or motion to enforce settlement is not filed on or before August 28, 2021, the case shall be deemed dismissed with prejudice without further order of the Court. Each party shall bear its own attorney's fees and costs.Signed by Judge Walter H. Rice on 8/11/2021. (bjr)

Case: 3:17-cv-00275-WHR Doc #: 98 Filed: 08/11/21 Page: 1 of 2 PAGEID #: 2222

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

CASE NO. 3:17cv275

HENRY LUCAS, JR.
Plaintiff,

JUDGE WALTER H. RICE
v.

UNITED PARCEL SERVICE, INC.
Defendant.

AGREED ORDER OF DISMISSAL

The parties hereby agree that this case has been settled and that all issues and controversies
have been resolved to their mutual satisfaction. The parties request the Court to retain jurisdiction
to enforce the terms of their_ settlement agreement under the authority of Kokkonen v. Guardian

Life Insurance Company ofAmerica, 114 S.Ct. 1673 (1994).
IT IS HEREBY ORDERED:

1. The parties shall comply with the signed settlement agreement dated July 30, 2021. The parties
expressly waive their rights under Federal Rule of Civil Procedure 65(d) to the extent Rule 65(d)
requires this order to be specific in terms or to describe in reasonable detail and without reference
to the settlement agreement, the act or acts to be restrained.
2. By consent of the parties, the Court shall retain jurisdiction for the purpose of enforcing the
terms of the settlement agreement.
3. This case is dismissed without prejudice with leave to reinstate on or before August 28, 2021,
for the purpose of enforcing the settlement. This Agreed Order of Dismissal is entered without

Case: 3:17-cv-00275-WHR Doc #: 98 Filed: 08/11/21 Page: 2 of 2 PAGEID #: 2223

prejudice in order to allow the Court to enforce the settlement agreement. The parties are barred
from relitigating any claims raised in this litigation or any claims released by means of the
settlement agreement.
4. In the event a motion to reinstate or motion to enforce settlement is not filed on or before August
28, 2021 , the case shall be deemed dismissed with prejudice without further order of the Court.
Each party shall bear its own attorney's fees and costs.
IT IS SO ORDERED.

WALTER H. RICE, JUDGE
UNITED STATES DISTRICT COURT

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