Braeger Chevrolet Inc et al v. Ally Financial Inc

Filing 25

ORDER signed by Judge Lynn Adelman on 6/5/15 that the Clerk of Court shall withdraw the Sealed Settlement Agreement 23 from the docket. Further ordering 24 Motion to Seal Document is denied as moot. Regarding stipulation of dismissal at ECF N o. 23-1, by operation of Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case will be dismissed. However, the parties also filed a proposed order containing language purporting to dismiss this case. That proposed order will not be signed. See Scott v. Delbert Servs. Corp., 973 F. Supp. 2d 949 (E.D. Wis. 2013). (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
BRAEGER CHEVROLET INC., et al.,
Plaintiffs,
v.

Case No. 14-cv-1308

ALLY FINANCIAL INC.,
Defendant.
_____________________________________________________________________
ORDER
On June 4, 2015, the parties in this case filed a settlement agreement under seal
along with a “Stipulated Order for Dismissal.” Plaintiffs then filed a motion to restrict the
settlement agreement, indicating that it had been filed in error and requesting that it be
permanently sealed from public viewing. Because the settlement agreement was filed in
error, I will order the Clerk of Court to withdraw it from the docket completely.
The parties also filed a stipulation of dismissal, see ECF No. 23-1, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(ii). By operation of that rule, this case will be
dismissed. However, the parties also filed a proposed order containing language purporting
to dismiss this case. That proposed order will not be signed. See Scott v. Delbert Servs.
Corp., 973 F. Supp. 2d 949 (E.D. Wis. 2013).
THEREFORE, IT IS ORDERED that the Clerk of Court shall withdraw the Sealed
Settlement Agreement (ECF No. 23) from the docket.
IT IS FURTHER ORDERED that plaintiffs’ motion to restrict (ECF No. 24) is
DENIED as moot.

Dated at Milwaukee, Wisconsin, this 5th day of June, 2015.

s/ Lynn Adelman
__________________________
LYNN ADELMAN
District Judge

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